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The 



?^FcevrD 



SEP 17 1386 



LAY/ LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




FEDERAL RULE AMENDEMENT 

PROPOSED RULES 

BATTLESHIP COMMISSION 
DENTAL EXAMINERS 
ENVIRONMENTAL MANAGEMENT 
HEALTH: ETIDEMOLOGY 
MEDICAL ASSISTANCE 
MEDICAL EXAMINERS 
OFHCE OF MARINE AFFAIRS 
REAL ESTATE COMMISSION 
SOCIAL SERVICES 
WASTEWATER TREATMENT 
WILDLIFE COMMISSION 

HNAL RULES 

COASTAL MANAGEMENT 

LIST OF RULES AFFECTED 



ISSUE DATE: SEPTEMBER 15, 1986 
Volume 1 • Issue 6 • Pages 380-415 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Nonh Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter I50B of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter I50B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

Slate law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, P. O. 
Drawer 1 1666, Raleigh, N. C. 27604, Attn: Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy. In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be v\'ithdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
r\ile is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35% is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
l50B-63(b). 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 2 1 is designaied lor occupational licensing boards. 

The NCAC is available in two ibrmats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents (52.50) tor 10 pages or less, plus fifteen cents 
($0.15) per each additional page 

(2) On microfiche The microfiche edition is revised semi 
annually ( March and October) and can be purchased for 
forty dollars ($40.00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected" 
which iets out rules filed the previous month, the actior 
taken, and the effective date of the change. This list 
published in the North Carolina Register. 

Requests for looseleat pages of rules >'r the NCAC or 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 



I 



The foregoing is a generalized statement of the procedures tciiw 
be followed. For specific statutory language, it is suggested thal^ 



Articles 2 and 5 of Chapter 
examined carefully. 



1 508 of the General Statutes b' 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, pag 
number and date 1:1 NCR 101-201, April 1, 1986 refers t 
Volume I , Issue 1 , pages 101 through 201 of the North Carolin 
Register issued on April I. 1986. 



North Carolina Register. Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666, Raleigh, North Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



1 



NORTH CAROLINA REGISTER 



ISSUE CONTENTS 




CORRECTIONS 



II. FEDERAL RULE AMENDMENT 



Office of Administrative Hearings 
P 0. Dravjer 11666 
Raleigh. NC 27604 
(919) 733 - 2678 



380 



381 



III. PROPOSED RULES 

Administration 
Office of Marine Affairs . 382 

Cultural Resources 
Battleship Commission . . 388 

Dental Examiners 399 

Human Resources 
Health: Epidemology . . . 388 
Medical Assistance . . . 389 
Social Services 390 

Medical Examiners 399 

Natural Resources & 

Community Development 
Environmental Management . 396 
Wastewater Treatment . . . 397 
Wildlife Commission . . . 398 

Real Estate Commission . . 40.1 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason. 

Codifier of Rules 
Genie Rogers, 

Executive Legal Specialist 
Ruby Creech, 

Publications Coordinator 
Myrtice Becoat, 

Clerk 
Mary Fowler, 

Wordprocessor 
Teresa Johnson, 

Wordprocessor 
Tammy Poole, 

Records Clerk 



IV. FINAL RULES 

Natural Resources & 
Community Development 
Coastal Management . 



V. LIST OF RULES AFFECTED 
Volume 10, No. 6 . . , 



VI. CUMULATIVE INDEX 



408 

410 
413 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earliest 


Earl iest 


Earl iest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adopt ion 


Date 






Fil ing 


Hearing 


by Agency 




04/15/86 


03/25/86 


04/01/86 


05/15/86 


06/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/86 


07/14/86 


09/01/86 


06/16/86 


05/27/86 


06/03/86 


07/16/36 


08/15/86 


10/01/86 


07/15/86 


06/25/86 


07/02/86 


08/14/86 


09/13/86 


1 1/01/86 


08/15/86 


07/28/86 


08/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/86 


09/02/86 


10/15/86 


1 1/14/86 


01/01/87 


04/15/86 


09/25/86 


10/02/86 


1 1/14/86 


12/14/86 


02/01/87 


1 1/14/86 


10/23/86 


10/30/86 


12/14/86 


01/13/87 


03/01/87 


12/15/86 


11/25/86 


12/02/86 


01/14/87 


02/13/87 


04/01/87 


01/15/87 


12/29/86 


01/05/87 


02/14/87 


03/16/87 


05/01/87 


02/16/87 


01/26/87 


02/02/87 


03/18/87 


04/17/87 


06/01/87 


03/16/87 


02/23/87 


03/02/87 


04/15/87 


05/15/87 


07/01/87 



CORRECTIONS 

CORRECTIONS FOR NOTICE OF 9/17/86 DIVISION OF MENTAL HEALTH, MENTAL 
RETARDATION AND SUBSTANCE ABUSE SERVICES' HEARING PUBLISHED IN THE 
NORTH CAROLINA REGISTER, VOLUME 1, ISSUE 5, AUGUST 15, 1986 

On page 298 the notice should have read "the Commission for Mental 
Health, Mental Retardation and Substance Abuse Services and the 
Director of the Division of Mental Health, Mental Retardation and 
Substance Abuse Services . . ." and on page 303 the date of the 
public hearing should have been "September 1 7, 1986." 



CORRECTION TO GENERAL STATUTES OF NORTH CAROLINA, CHAPTER 150B, 
PUBLISHED IN THE NORTH CAROLINA REGISTER, VOLUME 1, ISSUE 5, AUGUST 
15, 1986, PAGE 235 

150B-32. Desig natio n of heari ng officer. --(a) The Director of 
the Office of Administrative Hearings sliall assign himself or a 
hearing officer in the Office of Administrative Hearings to preside 
as hearing officer in each contested case. If a party waives the 
right to have a case conducted in the Office of Administrative 
Hearings, an agency, one or more members of the agency, a person or 
group of persons designated by statute, or one or more hearing 
officers designated by the agency to conduct contested cases shall 
preside at the contested case. 



NORTH CAROLINA REGISTER 380 



Federal Rule Amendment 

[The following is excerpted from 51 Fed. Reg. 30,486 (1986)] 

EQUAL EMPLOYMCNT OPPORTUNITY COMMISSION 
29 CFR Part 1601 
706 Agencies 
AGENCY: Equal Employment Opportunity Commission. 
ACTION: Final rule; amendment. 

SUMMARY: The Equal Employment Opportunity Commission amends its 
regulations designating certain State and local fair employment 
practices agencies (706 Agencies) so that they may handle employment 
discrimination charges, within theii' jurisdictions filed v)ith the 
Commission. Publication of this amendment effectuates tlie 
designation of the North Carolina State Office of Administrative 
Hearings as a 706 Agency. 

EFFECTIVE DATE: August 17, 1986. 

FOR FURTHER INFORMATION CONTACT: 
Mike Torres, Equal Employment 

Opportunity Commission 

Office of Program Operations 

Systemic Investigations and Individual Compliance Programs 

2401 E Street, mi 

Washington, DC 20507 

telephone (202) 634-6922 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 29 CFR Part 1601 

Administrative practice and procedure, Equal employment opportunity. 
Intergovernmental relations. 
1. The autliority citiation for Part 
1601 continues to read as follows: 

Authority: Sees. 709, 713, 78 

Stat. 263, 265; 42 U.S.C. 2000e-8. 2000e-12. 



381 NORTH CAROLINA REGISTER 



PROPOSED RULES 

TITLE 1 - ADMINISTRATION 

Notice is hereby given in 
accordance v;itli G.S. 150B-12 
thnt the Department of 
Administration intends to adopt 
regulations cited as 1 NCAC 12 
.0601-. 1600. 

The proposed effective date of 
this action is January 1, 1987. 



Statutory Authority: 
143B-390.2(b) . 



G.S. 



The public hearing will be 
conducted at 2:00 p.m. on 
October 15, 1986 at the Advisory 
Budget Commission Conference 
Room, Fifth Floor, 
Administration Building, 115 W. 
Jones Street, Raleigh, N.C. 

Comment Procedures: Any 
interested person may present 
his or her viev;s and comments 
either in writing prior to or at 
the hearing or orally at the 
hearing. Any person may request 
information, permission to be 
heard or copies of the proposed 
regulations by v-;riting or 
calling Donna Moffitt, Office of 
Marine Affairs. 417 N. Blount 
Street, Raleigh, N.C. 27601, 
(919) 733-2290. 

CHAPTER 12 - OFFICE OF MARINE 
AFFAIRS 

SECTION .0600 - GENERAL 
PROVISIONS 



North 
Science 

(5) "Dcp 
Departme 
Administ 

(6) "Dir 
director 
Aquarium 
disiqnee 

(7) "Fac 
Aquarium 
associat 
grounds ; 

(8) "Per 
act ivity 
activity 
with 
conditio 
Aquarium 
Policy ; 

(9) "Per 
natural 
partners 
govornme 

(10) "Sec 
Secretar 

(11) "Use 
natural 
partners 
governme 



Carolina Marine 
Council ; 

artment" means the 
nt of 

ration; 
octor" means a 

of one of the three 
s or liis or her 

ility" means the 

building and 
ed buildings and 

missiblo user or 

means a user or 

that is compatible 

the intent and 

ns of the N.C. 

s' Facility-Use 

son" means any 
person, corporation, 
hip, association, or 
ntal unit ; 
retary" means the 
y of Administration; 
r" means any 
person, corporation, 
hip, association or 
ntal unit . 



.0603 NAME CHANGE 

Hencefortli, the N. C. Marine 
Resources Center/Fort Fisher 
shall be known as the North 
Carolina Aquarium at Fort 
Fisher, the N. C. Marine 
Resources Center/Bogue Banks 
sliall bo knovjn as the North 
Carolina Aquarium at Pine Knoll 
Sliores, and the N. C. Marine 
Resources Center/Roanoke Island 
shall be known as the North 
Carolina Aquarium on Roanoke 
Island . 



.0601 ORGANIZATION: POWERS AND 
DUTIES 

The organization, powers and 
duties of tlio Office of Marine 
Affairs arc prescribed by G.S. 
143B-390 .2(a) and arc licrcby 
incorporated by reference. 



.0602 


As us 


(1 ) 


No 


Fo 


Sh 


Is 


(2) 


a 


(3) 


th 


en 


ed 


we 


re 


CO 


no 


(4) 



DEFINITIONS 
ed in Ciiapter 



12 of Title 



"Aquarium" means tlie 
rth Carolina Aquarium at 
rt Fisher, at Pine Knoll 
ores, or on Roanoke 
land ; 

"Charitable" means for 
benevolent purpose; 

"Civic" means favoring 
e improvement of the 
vironmcnt , health, 

ucation, safety, gcnei al 
If arc, culture or 
creation of the local 
mmunity through 

n-political activities; 

"Council" means the 



.0604 FORMS 

The forms listed in this Rule 
affect tlie public and are 
available at : 

N.C. Aquarium on Roanoke Island 
P. 0. Box 967 
Mantco, N. C. 27954 
(919) 473-3493 

N.C. Aquarium at Pine Knoll 
Shores 

P. 0. Bo.x 580 
Atlantic Beach, N. C. 28512 

(919) 247-4003 

N.C. Aquarium at Fort Fisher 

Bo.x 130 

Kure Beach, N. C. 28449 

(919) 458-8257 

Office of Marine Affairs 
N.C. Dcpt . of Administration 
417 North Blount Street 
Raleigh, N. C. 27601 
(919) 733-2290 



NORTH CAROLINA REGISTER 



382 



(1 ) 

Pol 

C2) 

Fac 
(3) 

Use 
(4) 

Spa 
(5) 

Re 
(5) 

Spa 
(7) 

Cal 

Pro 

Pro 
(8) 

Ope 



Aquarium 
icy ; 

Appl icat 
ility; 
Contract 
of Faci 
Applicat 
ce ; 

Contract 
carch Sp 
Fee Sche 
cc ; 

Seasonal 
ondar 
gram 
cedures ; 
Marine S 
rating P 



Facility-Use 

ion for Use of 

for Off-Hours 
lity; 
ion for Research 

for Use of 
ace ; 
dule for Use of 

Aquarium 
of Events and 
Participation 

and 
cience Council 
rocedures . 



.0605 APPEALS 

Any person affected by a 
decision made pursuant to this 
cliapter who vjishes to appeal the 
decision shall direct the appeal 
in viriting to the Secretary of 
Administration, 116 West Jones 
Street, Raleigh. N.C. 27611. 
Appeals of decisions of the 
Secretary made pursuant to this 
chapter shall be governed by 
Chapter 150B (Administrative 
Procedure Act ) of the North 
Carolina General Statutes. 

SECTION .0700 - MARINE SCIENCE 
COUNCIL 

.0701 ORG.ANIZATION 

The North Carolina Marine 

Science Council is a 28-member 

advisory body in the Department . 

Its power and duties are set out 

in G.S. 143B-339. 

.0702 STAFF 

The Council is staffed by the 
Office of Marine Affairs, 417 
North Blount Street, Raleigh, 
N.C. 27601 . 

.0703 BYLAV,'S 

The Council's operating 
procedures are governed by its 
bylavjs which are available from 
the Office of Marine Affairs or 
the Aquariums. 

.0704 MEETINGS 

The Council meets four times 
per year and at other times vjith 
the approval of the Secretary. 
Special approved meetings may be 
sclieduled at the call of the 
Council chairperson or by a 
majority of the Council 
e.xecutive committee. The date 
for a regular meeting shall be 
sot at least 20 days prior to 
the meeting date. Timely notice 
in advance of all special 
meetings must be given to each 
member of the Council and the 
public. Meetings of the Council 
are open to the public e.xcept 



for those instances governed by 
G.S. 143-318. 1 1 . 

.0 705 AGENDA 

Any person desiring to have 
topics included on the agenda 
for discussion at a regular 
Council meeting shall notify the 
staff at least 20 days prior to 
tlie meeting date. Final 
approval for proposed agenda 
items rests vjith tlio Council 
e.xccutive committee. 

.0 706 MINUTES 

Minutes of Council meetings are 
available for inspection at the 
Office of Marine Affairs. 417 
North Blount Street, Raleigh 
N.C. 27601. 

SECTION .0300 - USE OF NORTH 
CAROLINA AQUARIUMS 

.0801 PURPOSE 

Pursuant to the delegation of 
administrative responsibilities 
by the Secretary to each 
director of the three North 
Carolina Aquariums, and in order 
to provide guidelines consistent 
v.'ith applicable lav;s and 
policies and with the needs, 
resources. and general 
educational and advocacy mission 
of tlie Aquariums. these 
facility-use rules are therefore 
promulgated and adopted. 

.0802 FACILITIES 

The three facilities have been 
constructed for the purpose of 
housing public aquariums; 
carrying out mariiie and coastal 
resources programs including 
public information and 
education; providing space for 
activities associated v?ith 
marine programs and fostering 
marine-related applied research, 
extension education, and 
advisory services . 

.0803 USERS 

It is the Secretary's policy 
that tlie Aquariums and the 
grounds immediately surrounding 
them should bo available for use 
by appropriate public agencies 
and private groups and for 
non-commercial activities which 
are in the best interests of the 
state and the com.munities v.'hich 
they serve, providing such uses 
do not interfere v;ith 
regularly-scheduled Aquarium 
functions or other approved 
scheduled uses . 

.0804 "PERMISSIBLE ACTIVITIES 

Permissible uses shall be 

confined to non-profit, 

marine-related. charitable. or 

civic activities. activities 



383 



NORTH CAROLINA REGISTER 



conducted by tax-supported 
public agencies, and approved 
research activities. Activities 
may also be conducted by 
private, profit-making groups or 
individuals wlicn such activities 
do not include actual sales or 
solicitations on state property; 
and when tliey provide 
significant public benefit, 
particularly when that benefit 
is marine-related. 

.0805 PERMISSION FOR USE 
All potential users other than 
applicants for research space 
shall obtain permission from tlie 
director for use of the building 
or grounds. Applicants for 
research space must follow tlie 
procedures oublined in Section 
.0300 of this Subchapter. 
Approved researchers and users 
of the facilities outside of 
normal operating hours shall be 
required to sign a written 
contract . 

.0806 SCHEDULING PERMISSIBLE 
ACTIVITIES 

If the director determines that 
a proposed user or activity is 
consistent witli the Facility-Use 
Policy, he or she shall allow 
that activity to be scheduled. 
A permissible user or activity 
shall not conflict witli regular 
Aquarium functions or programs 
and other approved uses of the 
Aquariums . 

.0807 CONDITIONS FOR USE 

DURING NON-REGULAR HOURS 

If a permissible user or 
activity requires access to 
buildings or grounds during 
hours that a facility is not 
normally open, the user may be 
required to malce a deposit and 
may be assessed a reasonable fee 
to cover certain expenses 
incurred by the facility 
including custodial services, 
heat, light, \;ater and equipment 
use in accordance with a fee 
schedule approved by tlie 
Secretary and available for 
inspection at the Office of 
Marine Affairs and at each 
Aquarium . 

.0808 AVAILABLE AREAS 

Each facility lias the following 
functional areas available for 
use: (1) auditorium, (2) 
classrooms. (3) teaching 
laboratories, (4) aquarium 
galleries. (5) dry cxliibit 
areas. (6) researcli 

laboratories, (7) library and 
(8) nearby natural areas. A 
group vjishing to use the 
facility may request a specific 
functional area, but the 



director shall have final 
authority in assigning the use 
of any particular area 

.0809 LONG-TERM USE PROHIBITED 
Tl\e facilities shall not be 
used on a continuing basis for 
long-term off-hours use by any 
one private group. 

SECTION .0900 - SCHEDULING 
PROCEDURES FOR GROUP USE 

.0901 SCHEDULING ACTIVITIES 
FOR REGULAR HOURS 

For proposed activities that 
are to take place during normal 
operating hours, a 
representative of the user group 
shall make a request to use the 
facility by contacting the 
director. Verification that the 
proposed user and activity are 
compatible with the Facility-Use 
Policy and that the facility is 
available for the time and date 
requested shall be obtained from 
the director before the activity 
is scheduled. 

.0902 SCHEDULING ACTIVITIES 
FOR NON-REGULAR HOURS 

For proposed activities that 
are to take place outside of a 
facility's normal operating 
hours. a representative of a 
group wishing to use the 
facility shall follow these 
procedures •■ 

(1) Obtain copies of the 
Facility-Use Policy and the 
application for use of the 
facility from the director's 
office of a particular 
facility or the Office of 
Marine Affairs. 

(2) Complete the application 
and return it to the 
director's office of the 
preferred facility. In 
extraordinary circumstances, 
the application may be 
completed by telephone. 

(3) Application for use of the 
facility may be made no 
earlier than 90 days prior to 
the date of use and as late 
as 48 houz's before the date 
of use. However, all 
requests are subject to 
availability of space and 
supervisory staff. 

(4) Obtain verification from 
the director of that facility 
that the proposed user and 
activity are compatible with 
the Facility-Use Policy and 
that the facility is 
available for the time and 
date requested. The director 
will complete and sign the 
contract upon his or her 
satisfaction that the above 
requirements have been met. 



NORTH CAROLINA REGISTER 



384 



(5) Be prepared to meet these 
conditions upon execution of 
the contract : 

(a) Pay the appropriate 
deposit (deposit will be 
credited against any fees or 
damages ) ; 

(b) Guarantee adequate 
supervision for the activity 
being planned; 

(c) Accept the requirement 
that an employee of the 
facility must be present at 
all times; 

(d) Pay in full vjlion billed 
for any outstanding fees or 
for damages to the building 
or grounds resulting from 
the activity or caused by 
the user group; 

(e) Leave the building and 
grounds in tlie same 
condition as before the 
activity ; 

(f) Accept the requirement 
that no controlled 
substances. no firearms 
(except those in the 
possession of law 
enforcement officials or 
certified safety 
instructor), and no pets are 
permitted on the premises 
during the activity; 

(g) Acquire permission from 
the Secretary if alcoholic 
beverages not to exceed 14;: 
alcohol are to be consumed 
on the property. (Alcohol 
exceeding 14/: shall not be 
consumed on state property.) 

.0903 AQUARIUM'S 

RESPONSIBILITIES 
The responsibilities of the 
Aquarium include the following: 

(1 ) Provide a clean and safe 
facility ; 

(2) Provide an employee during 
the use of the facility; 

(3) Arrange the facility for 
the expected use. within 
reason ; 

(4) Perform normal cleaning 
after the activity; 

(5) Report any damage and 
provide detailed written 
description of damage to the 
individual in charge of the 
user group . 

SECTION .1000 - PROCEDURES FOR 
USE OF RESEARCH SPACE 

.1001 WHEN USE IS LESS THAN 60 
DAYS 

Research applicants may apply 
directly to and receive approval 
from the director of the 
preferred facility if the period 
of continuous use is for 60 da;;s 
or less . 

.1002 WHEN USE EXCEEDS 60 DAYS 



Potential researchers 
to schedule space for 
greater tlian 60 '^; 
obtain a copy 
Facility-Use Policy 



wishing 
a period 

days shall 
of the 

and file a 
th the 




tiian 50 days pi -^ 

regularly sclieduled Council 
meeting. Applications and 
copies of tlie Facility-Use 
Policy are a\-ailable at tlie 
Office of Marine Affairs and at 
each of tlie tlirce Aquariums. 

.1003 APPLICATIONS FORWARDED 
BY OFFICE OF MARINE 
AFFAIRS 
Upon receipt of a completed 
application, tlie Office of 
Marine Affairs shall forvjard a 
copy to the appropriate director 
for confirmation of space 
availability and comments by the 
Aquarium staff. 

.1004 REVIEW OF APPLICATIONS 
The director shall send his or 
her comments and recommendation 
for approval or disapproval to 
the Office of Marine Affairs for 
distribution along vjith the 
application to the Marine 
Science Council or a Council 
subcommittee for review. 

.1005 APPROVAL OR DENIAL 
At the next regularly-scheduled 
meeting of the Council, action 
shall be taken regarding 
approval or denial of the 
application, assessment of a fee 
and any applicable use 
restrictions. The Office of 
Marine Affairs shall forward the 
results of the actions taken to 
the appropriate director. If 
denied, tlie Council or 
subcommittee will specify in 
writing the reasons for its 
decision . 

. 1006 NOTIFICATION TO 
APPLICANT 

If denied, the director shall 
notify the applicant of the 
decision. Upon request, the 
director will provide the 
applicant with the reasons for 
denial of his or her 
application. If approved, the 
director shall allocate the 
space and notify the applicant. 
The letter of notification shall 
contain a statement warning that 
failure to appear to utilize the 
space viithin one vjcek following 
tlie date for which it v.'as 
requested may result in the 
approval being withdrawn. The 



385 



NORTH CAROLINA REGISTER 



letter shall also include the 
exact dates of the time during 
which the applicant will be 
allowed to occupy the space, any 
special conditions that might 
apply, and any fees that will be 
assessed. The letter shall also 
indicate that tlie applicant v;ill 
be required to sign a contract 
before occupying the space. 

.1007 ANNUAL USE 
Research space shall be 
allocated to approved 
researchers for a period of 12 
months or less at a nominal cost 
consistent with an approved foe 
schedule available from the 
Office of Marine Affairs and 
each of the Aquariums. Fees 
shall be assessed on a 
case-by-case basis depending 
upon the particular researcher's 
ability to pay. 

.1008 ANNUAL RENEWAL 
Approved researchers shall 
apply for renewal of the space 
on an annual basis at least 60 
days before the end of the 
current period of use. 
Applications for renewal may be 
made by letter to the 
appropriate director who shall 
follow the steps outlined in 
Rules .0304 through .0306 of 
this Subchapter. The Council or 
subcommittee shall act on the 
request for renev;al of space at 
the next regularly-scheduled 
meeting of the Council. 

.1009 CRITERIA FOR SELECTING 
APPLICANTS 

The follov'/ing criteria shall 
apply in evaluating requests for 
use of research space: 

(1) The research should 
address problems affecting 
the use of coastal or marine 
resources . 

(2) The research must be 
compatible witli the 
facilities of the Aquariums. 

(3) Applications indicating 
any of the following will 
receive high priority: 

(a) research offering 

potential of immediate 
applicat ion ; 

Cb) research which promotes 
public information, 

e.xtcnsion education 

programs, and advisory 
services of the Aquariums; 

(c) research requiring the 
unique features of the 
Aquariums (e.g. coastal 
location, multi-disciplinary 
setting, accessibility to 
visiting tourists and 
students, etc.); 

(d) research wliich 



contributes to fulfilling 
state goals and policies in 
marine affairs. 



SECTION .1100 



LIABILITY 



the 
nor 



.1101 USER'S ASSUMPTION OF 
LIABILITY 

Any agency, organization or 
group using the Aquarium 
facilities during off hours 
shall be prepared to assume 
liability for any accidents or 
injuries occurring on the 
property in connection with the 
activity. Neither the 

Department, the Aquarium, 
Office of Marine Affairs, 
any of their employees, either 
jointly, severally or 
individually, shall be 
responsible for personal injury 
resulting from use of the 
property . 

.1102 RESEARCHER'S ASSUMPTION 
OF LIABILITY 

Any researclier using the 
Aquarium facilities shall be 
prepared to assume liability for 
any accidents or injuries 
occurring on the property in 
connection with the research 
activity. Neither the 
Department, the Aquariums, the 
Office of Marine Affairs, nor 
any of their employees, either 
jointly, severally or 
individually, shall be 
responsible for personal injury 
resulting from use of the 
property . 

SECTION .1200 - UNAUTHORIZED USE 
OF FACILITIES: FEES 



12 



Use 


buil 


mann 


Faci 


alio 


the 


Faci 


aval. 


from 


Affa 


Poli- 


.080 


Subcl 


. 12i 


No ] 


shai: 


f aci^ 


comp^ 


Polii 


orgai 


attei 


dur ii 


the i 


Fees 


appr( 



01 USES NOT COVERED BY 
POLICY 

of the Aquarium 
dings or grounds in any 
er not provided for in the 
lity-Use Policy shall be 
wed only by permission of 
Secretary. Copies of the 
lity-Use Policy are 
lable from any Aquarium and 
the Office of Marine 
irs . The Facility-Use 
cy is also codified as Rules 

tlirough .1102 of this 
hapter . 

02 USER FEES 
person or organization 

1 use or attempt to use any 
lity unless they are in 
liance with the Facility-Use 
cy. No person or 
nization shall use or 
mpt to use any facility 
ng off hours without paying 
applicable deposit and fee. 

are established and 
oved by the Secretary and a 



NORTH CAROLINA REGISTER 



386 



fee schedule is available for 

inspection at any Aquarium and 

at the Office of Marine Affairs 
in Raleigh. 

.1203 UNAUTHORIZED ENTRY 
No person shall enter or remain 
on Aquarium property during 
hours when the facility is not 
open to the public except for 
on-duty employees. contractors 
or agents of the Aquarium; law 
enforcement, fire and emergency 
personnel; and others authorized 
to use the property in 
connection with an Aquarium or 
Aquarium Society sponsored 
event, or unless accompanied by 
an authorized employee of the 
Aquarium or permission has been 
granted by the director. 



SECTION .1300 - FIREARMS I 
SMOKING 



FIRES: 



.1301 LETHAL INSTRUMENTS 

Carrying or possessing 
firearms, airguns, bows and 
arrows, slingshots or lethal 
instruments of any kind on 
Aquarium property, except by law 
enforcement officials and 
certified safety instructors, is 
prohibited . 

.1302 EXPLOSIVES 
The possession or use of 
pyrotechnics and cap pistols 
except by authorized employees 
of the Aquariums is prohibited. 

.1303 FIRES 

All fires are prohibited except 
in designated areas. 

.1304 SMOKING 

Smoking is prohibited in the 
buildings except in designated 
areas . The director sliall 
forbid smoking on the grounds 
when a fire hazard makes such 
action advisable. 

SECTION .1400 - CONDUCT: 

ALCOHOLIC BEVERAGES: PETS: 

PROPER DRESS 

.1401 DISORDERLY CONDUCT 
No person shall engage in 
disorderly conduct, be 
into.xicated , or be impaired by 
controlled substances while on 
Aquarium property or while 
involved in an 

Aquarium-sponsored program that 
is conducted off the premises. 

.1402 LOUD RADIOS 

The playing of radios, tape 
players, etc., in such a manner 
as to disturb others is 
prohibited . 

.1403 SALES OF ALCOHOL OR 



CONTROLLED SUBSTANCES 
No person shall sell or attempt 
to sell any beer, v;ine, whiskey, 
controlled substances or any 
other into.xicnt inn or impairing 
substance on Aquarium property. 

.1404 CONSUMPTION OF ALCOHOL 
Alcoholic beverages that do not 
e.xceed 14"; alcohol may be served 
and consumed on Aquarium 
property upon approval by the 
Secretary on the recommendation 
of the director. 

.1405 PETS 

Pets are not allowed in the 
Aquarium buildings but may be 
allovjcd on the grounds, provided 
tliey remain at all times under 
the ovjners' control and are 
restrained by a leash. Any 
animal causing a nuisance on 
Aquarium property shall be 
removed immediately by tlie owner 
upon the request of the 
director . 

.1406 PROPER DRESS 

Any person using the facility 
or participating in programs 
shall be appropriately dressed 
at all times. This includes tlie 
wearing of shirts, shoes and 
safety equipment as required. 

SECTION .1500 - COMMERCIAL 
ACTIVITIES: SOLICITATIONS: ETC. 

.1501 COMMERCIAL ENTERPRISES 
Only authorized Aquarium 
employees or contractors or 
authorized employees or 
contractors of the N. C. 
Aquarium Society may engage in 
or conduct commercial activities 
on Aquarium property. 

.1502 ADVERTISING 
Non-commercial notices or 
advertisements may be erected or 
displayed on Aquarium property, 
provided pormis.sion has been 
granted by the director. 
Notices or advertisements for 
commercial activities conducted 
off tlic Aquarium premises are 
prohibited on Aquarium property. 

.1503 PHOTOGRAPHS 

No person shall take 
photographs, video tapes or 
movies of the Aquarium 
facilities or on Aquarium 
property for commercial purposes 
v/itliout the permission of the 
director . 

.1504 LOGOS: SLOGANS: ETC. 

No person sliall use, adopt or 
modify any logos, names or 
slogans of the N. C. Aquariums 
or the N. C. Aquarium Society 



387 



NORTH CAROLINA REGISTER 



without prior written permission 
of the Office of Marine Affairs. 

.1505 SOLICITATIONS 

Only persons engaged in 
fundraising activities sponsored 
by the N. C. Aquarium Society 
for the purpose of supporting 
the Aquariums or Society shall 
be permitted to solicit 
contributions on Aquarium 
property . 

SECTION .1600 - PRESERVATION OF 
AQUARIUM PROPERTY 

.1601 FLOWERS: PLANTS: 
ANIMALS: ETC. 

Only authorized Aquarium 
employees or agents acting in 
performance of their duties may 
remove, dispose of or otherwise 
harm any animal or plant life, 
whether marine or terrestrial, 
or remove sand or other minerals 
owned or controlled by the 
Aquarium . 

.1602 BUILDINGS: SIGNS: ETC. 

Only authorized Aquarium 
employees or agents acting in 
performance of their duties 
shall alter, disturb or dispose 
of any part of any Aquarium 
property . 

.1603 PARKING 

All privately-ov;nod vehicles 
shall be parked in designated 
parking areas of the Aquarium 
property. All other vehicles 
shall be parked only as directed 
by the director. 



TITLE 7 



CULTURAL RESOURCES 



Notice is hereby given in 
accordance with G.S. 1 SOB- 12 
that the USS North Carolina 
Battleship Commission intends to 
amend regulations cited as 7 
NCAC 5 .0203(a) and .0204(a). 
The purpose of tlie proposed 
regulations is to change price 
of admission to Battleship 
Nemordal, and Sound and Light 
Sliow . 

The proposed effective date of 
this action is January 1, 1987. 



Statutory Authority: 
143B-73; 143B-74.1. 



G.S. 



The public hearing will be 
conducted at 2:00 p.m. on 
October 15, 1986 at the 
Admiral's Cabin, USS North 
Carolina Battleship Memorial, 
Wilmington, N.C. 

Comment Procedures: Data, 
opinions, and arguments 
concerning those rules must be 



submitted by October 15, 1986 to 
the Director, USS North Carolina 
Battleship Memorial, P.O. Box 
417, Wilmington, N.C. 28402. 

CHAPTER 5 - U.S.S. NORTH 
CAROLINA BATTLESHIP COMMISSION 

SECTION .0200 USE REGULATIONS 

.0203 ADMISSION PRICES 
(a) The admission price for 
the ship is th i c-e dollars four 
dollars -f^ 3.00) ($4.00) for 
adults age 12 and over, 
d o lla r and fifty ocnrt-s 
dollars (01 .50) ($2.00) 



one 
two 
for 
11, 



cliildren 6 through 
s e v e n t y — five ce n t s on e dollar 
■f$ .75) ($1 .00) per student for 
organized school groups in 
grades kindergarten through 6, 
and orrc d o llar and fTcrfty cen t s 
two dollars (01 .5 04 (2.00) per 
student for organized school 
groups in grades 7 through 12. 

(b) There is no charge for 
children under 6. 

(c) Classroom teachers/aides/ 
chaperones accompanying 
students in class field trips 
will be admitted without charge 
at tlie rate of 1 
teacher/aide/chaperone for each 
20 students. 

(d) Tour groups under auspices 
of bona fide travel agents will 
be offered a 15 percent 
discount . Tour directors and 
drivers will be complimented for 
the tour. 

(o) Any organized groups of 20 
or more will be offered a 10 
percent discount when tickets 
are purchased by a single 
source . 

.0204 SOUND AND LIGHT SHOW 
(a) The admission price for 
the Sound and Light Show is two 



do l la r s three dollars 



i-re©-> 



($3.00) for adults age 12 and 
over and on e do lla r one dollar 
a nd fifty cents -f ^l .00) ($1 .50) 
for children 6 through 1 1 . 

(b) There is no charge for 
children under 6 years of age. 

(c) Tour groups under auspices 
of bona fide travel agents will 
bo offered a 15 percent 
discount. Tour directors and 
drivers will be complimented for 
the tour . 

(d) Any organized group of 20 
or more will be offered a 10 
percent discount when tickets 
are purchased by a single 
source . 



TITLE 10 



HUMAN RESOURCES 



Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Human 



NORTH CAROLINA REGISTER 



388 



Resources intends to adopt and 
repeal regulations cited as 10 
NCAC 7A .0407 (Repeal) and 10 
NCAC 7A .0501-. 0502 (Adopt). 

The proposed effective date of 
this action is February 1, 1987. 

Statutory Authority: G.S. 
130A-152(c); 1986 Session Laws, 
Chapter 1008, Section 2. 

The public hearing will bo 
conducted at 1:30 p.m. on 
October 15, 1986 at the Highway 
Building, Auditorium (First 
Floor), 1 South I'.'ilmington 
Street. Raleigh, North Carolina. 

Comment Procedures : Any person 
may request information or 
copies of the proposed rules by 
writing or calling John P. 
Barkley, Agency Legal 
Specialist, Division of Health 
Services, P. 0. Box 2091, 
Raleigh, North Carolina 
27602-2091, (919) 733-3131. 
Written comments on those 
subjects may be sent to Mr. 
Barkley at the above address . 
Written and oral (for no more 
than ten minutes) comments on 
these subjects may be presented 
at the hearing. Notice sliould 
be given to Mr. Barkley at least 
three days prior to the liearing 
if you desire to speak. 

CHAPTER 7 - HEALTH: EPIDEMOLOGY 

SUBCHAPTER 7A - ACUTE 
COMMUNICABLE DISEASE CONTROL 

SECTION .0400 - IMMUNIZATION 

.0407 REDISTRIBUTION OF 

VACCINE BY LOCAL HEALTH 
DEPARTMENTS (REPEALED) 

SECTION .0500 - PURCHASE AND 
DISTRIBUTION OF VACCINE 

.0501 PURCHASE OF VACCINE 

The Department of Human 
Resources may enter into 
contracts for the purchase of 
vaccines. Any purchase of such 
vaccines shall be in accordance 
with Article 3 of G.S. 143 and 1 
NCAC 5A. 

.0502 DISTRIBUTION OF VACCINE 

(a) E.xcopt as provided in 
paragraph (b), a liealth care 
provider wlio receives vaccine 
from the State shall charge no 
more than the cost of the 
vaccine and a reasonable fee for 
administration of the vaccine. 

(b) Vaccines provided by the 
State at no cost to local health 
departments shall be 



administered at no cost to the 
patient . 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Division of Medical 
Assistance intends to amend 
regulation cited as 10 NCAC 26H 
.0202(a) . 

The proposed effective date of 
tliis action is January 1, 1987. 

Statutory Authority: G.S. 
108A-25(b); 108A-54; 108A-55; 42 
C.F.R. 447, Subpart C. 

The public hearing will be 
conducted at 1 :30 p.m. on 
October 15, 1986 at North 
Carolina Division of Medical 
Assistance, 1985 Umstead Drive, 
Raleigh, NC 27603, Room 201. 

Comment Procedures: Written 
comments concerning this 
amendment must be submitted by 
October 15, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, 
North Carolina 27603. Oral 
comments may be presented at the 
hearing . 

CHAPTER 26 - MEDICAL SERVICES 



SUBCHAPTER 26H 



REIMBURSEMENT 
PLANS 



SECTION .0200 - HOSPITAL 
INPATIENT REIMBURSEMENT PLAN 

.0202 RATE SETTING METHODS 
(a) A ra te vjill ire d e t er mined 
annually fxrr e ach par I: i c ipa t ing 
lio: : jpital t-o ire effec t ive fT5-r a 
tv. ' clv e mon t h per i od beginning 
Jtriry ^-T Ra t es rrirHr bt? d c ri vcti 
fmm d e sk r e vie v j; - d tra^rt repor ts 
■fcrr a base ytrar period . T-htr 
ini t ial bas e year will fre tlic 
CTjst- rep o r t ing p jr i o d e ndin g -irt 
■l-9&+-r R a t es will be ap p lied t-o 
all c laims f or iiipa t i e i rb day s trf 
t: e r \ ' i c c paid after t lie effectiv e 
date o-f t-irc ncv? ra t es . An 
an nual rate is determi n ed for 
each hospital to he effective 
for dates of service beginning 



each July 1 



Rates are derived 



from 



cost 



base- year 



reports 



for 



period 



p revious ap p eal decisions. 
in i t ial b.Ts e-yen r is 



f rom 
The 
the 



cost-reporting period ending in 
1981 . Services provided prior 
to July 1, 1986 are reimbursed 
at rates not to exceed the rates 
effective July 1. 1985. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Division of Medical 
Assistance intends to amend 



389 



NORTH CAROLINA REGISTER 



regulations cited as 10 NCAC 26H 
.0302 (a) and Cc) . 

The proposed effective date of 
this action is January 1, 1907. 

Statutory Authority: G.S. 
108A-25(b); 108A-54; 108A-55; 42 
C.F.R. 447, Subpart C. 

The public hearing will be 
conducted at 1:30 p.m. on 
October 15, 1986 at North 
Carolina Division of Medical 
Assistance, 1985 Umstead Drive, 
Raleigh, NC 27603, Room 201. 

Comment Procedures: Written 
comments concerning these 
amendments must bo submitted by 
October 15, 1986 to Director, 
Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, NC 
27603. Oral comments may be 
presented at the hearing. 

SECTION .0300 - ICF-NR 
PROSPECTIVE RATE PLAN 

.0302 ALLOWABLE COST FINDING: 
REPORTING AND VERIFICATION 

( a ) Annual cos t- reports arc 
r c cj ui re d from al l pr-o-trrdtrr-s 
wrr tl ii n 9-& dtry-s af ter t li e i r 
fiscal ytrsr c ud .- T h ese report s 
shall be p r e sen te d en f o rms arrd 
•in a •foT-mtrt approved try t-he 
■STTtrtc ag e ncy . A 56- thsy 
ex t ensi o n o^f t+rc due titrte m-SYr 
■fcrr g oo d cause . tre g rr . n te d by 
tlttr state . E ach fac il ity tha t 
receives p aym ents from the Nort h 
Car olina Medicaid Program must 
prepa r e and s\ibn > it a report of 
its costs and other financial 

inf ormat ion rela ted to 

reimhursement a n n ually . liie 



fi scal period ending June 30, 



report must include costs fro m a 

fiscal pe rjod boa innin g on Jul y 
1 and end i n g on J i mo 5 an d mu st 
be submitted to the state on or 
before the September 50 th at 
in piediatelv f o llovjs the Ju.no 30 
year end. A nov; provider must 
su bmit a report for the period 
bog i nning v;ith tlie date of 
certifica tio n and ending on Ji i n_e 

30 . Facj lities that fi le 

re ports af t er the due date v;ill 
be cha rge d a p ^na Ity of up to 
five hundred dollars ($500.00) 
day for each day a fter 



per 
Sep 
del 
Medical Assistance m a y extc nd 



tember 30 that the report is 
inguent . llie D ivision of 



tbn 



doad l ino 
ort 



for fi ling th e 



if. 



its vievj , 



cause exists for th e del ay. For 
> viclers with cost report i ng 



'iods end ing on a dabe other 



pro\ 

per J 

tlian June 30 v.'liic l i were enrolled 

i n tlie Medi ca id program prior to 

July 1, 1986. this provision 

shall become effective fo r t h e 



1988 
(c) 
reco 
gene 
pr in 
mctli 
govc 



Allowable costs will be 
rded on tlie basis of 
rally accepted accounting 
ciplcs using tlie accrual 
od of accounting exc ept tli at 
r 1 1 mental institutions vjijl 



have 
accr 



t lie option of using the 
ual or cash method of 



accounting . 

Notice is hereby given in 
accordance with G.S. 150B-12 
tliat the Social Services 
Commission intends to amend 10 
NCAC 36 .0405; amend 10 NCAC 42W 
.0003; adopt .0005-. 0006; amend 
10 NCAC 46C .0101-. 0102; repeal 
.0103-. 0104; amend .0105; adopt 
.0106-. 0107; amend 10 NCAC 47B 
.0405(h); adopt 10 NCAC 49C 
.0101-. 0500. 

The proposed effective dates of 
tliese actions are January 1, 
1987 for 10 NCAC 46C and 
December 1, 1986 for all other 

rules . 

Statutory Authority: G.S. 4-1; 
48A-2; 90-21.1; 90-21.5; 
143B-153; 1 43B-1 53 ( 2a) . 

The public hearing will be 
conducted at 10:00 a.m. on 
October 15, 1986 at the Second 
Floor Conference Room, Woodoak 
Building, 1100 Navaho Drive, 
Raleigh, North Carolina 27609. 

Comment Procedures: Any 
interested person may present 
his/her views and comments 
eitlier in writing to or at the 
liearing or orally at the 
hearing. Any person may request 
information, permission to be 
heard, or copies of the proposed 
regulations by writing or call 
Bonnie Allrcd, 325 N. Salisbury 
Street, Raleigh, N.C. 27611, 
919-733-3055. 

CHAPTER 36 - CONTRACT SERVICES 

SECTION .0400 - CONTRACT 
REQUIREMENTS 

.0405 MONITORING 
(a) Each purchase contract 
negotiated by the division of 



social 



services 



will be 

staff of tlie 
s e rvices . 



monitored by 
division. trf se 
A visit to each provider agency 
service delivery site will be 
sclicduled at least annually to 
monitor tlie provider's adlieronce 
to the terms of tlie contract and 
to assess the quality of 
services delivered. A 
monitoring report identifying 
areas of non-compliance and 



NORTH CAROLINA REGISTER 



390 



establishing corrective action 
requirements will be sent to all 
parties to the contract. 

( b ) Each purchase contract an d 
each vendor agreement which the 
county department of social 
services negotiates will be 
monitored annually by the county 
department of social services. 

CHAPTER 42 - INDIVIDUAL AND 
FAMILY SUPPORT 

SUBCHAPTER 42W - STATE ABORTION 
FUND 

.0003 COUNTY DEPARTMENT OF 
SOCIAL SERVICES 
RESPONSIBILITIES 

(a) Eligibility for the State 
Abortion Fund will be determined 
by the county department of 
social services. 

(b) The county department of 
social services v;ill provide 
abortion counseling to all 
clients determined eligible for 
State Abortion Funds. 

(c) The county department of 
social services v;ill provide to 
all State Abortion Fund clients 
family planning counseling and, 
upon request, referral for 
family planning medical 
consultation and supplies. 
Prior to author izat ion of 



pavment for 


an ah 


ort ion , 


counseling shall 


inclui 


de the 


opportunity for 


the woman to 


personally view 


fetal 


models 


showing the 


qrovjth 


and 


development of th 


e human 


embryo 


and fetus . said 


models 


to be 


obtained from roqular 


medical 


supply houses 


or 


medical 



schools 

(d) The county department of 
social services will arrange for 
the delivery of abortion 
services with appropriate 
medical providers : 

(1) Physicians receiving 
payment for services through 
the State Abortion Fund must 
be licensed to practice 
medicine in North Carolina 
or if practicing in another 
state, by the appropriate 
regulatory authority in that 
state . 

(2) Hospitals receiving State 
Abortion Funds for services 
rendered must be licensed in 
North Carolina by the 
Department of Human 
Resources or if located in 
another state, licensed or 
certified by the appropriate 
regulatory authority in that 
state . 

(3) Abortion clinics and 
ambulatory surgical 
facilities receiving State 
Abortion Funds for services 



rendered must be licensed or 
certified in North Carolina 
by the Department of Human 
Resources or if operating in 
anotlicr state, by the 
appropriate regulatory 
authority in that state. 
(e) County departments of 
social services vjill negotiate 
for services delivery and 
payment with appropriate 
providers ; 

( 1 ) Individual service 

authorization for clients 
v/ill bo routed on a 
designated form to 
participating medical 
providers by the county 
department of social 
services which will document 
the negotiated service 
payment . 
(2) Providers may not collect 
additional funds from the 
pat lent . 

.0005 REPORTING CASES OF RAPE 
AND i:;CEST 

The director of any county 
department of social services 
receiving information from an 
applicant for State Abortion 
Funds alleging rape or incest as 
a basis for eligibility for 
assistance from the Fund shall 
report such incident of rape or 
incest to the district attorney 
having jurisdiction in the area 
in which the incident occurred. 

.0006 CONSENT FOR PAYMENT FOR 
MINOR'S ABORTION 

\\'here an applicant is an 
unomancipated minor, as defined 
in G.S. 48A-2, and requests 
assistance from the State 
Abortion Fund, the county 
department of social services 
shall require the written 
consent of at least one parent 
or legal guardian of the minor 
before authorizing payment of 
state funds for inducing an 
abortion. Other services for 
pregnancy may be authorized 
without such consent. 

CHAPTER 46 - DAY CARE RULES 

SUBCHAPTER 46C - PURCHASE OF 
CHILD DAY CARE 

SECTION .0100 - BASIC 
REQUIREMENTS 

.0101 PURPOSE 

The rules in this Subchapter 
govern the purchase of child day 
care services with state and 
federal day care funds 
administered by the Offic e o-f 
Day C ar e Servi ce s . Section . 

.0102 APPLICABILITY 



391 



NORTH CAROLINA REGISTER 



^-jr> All day care f n c il i t i c s 
providers from which day care is 
purchased for eligible c)iildron 
with day care services funds 
shall adhere to the rules of 
this Subcliapter that apply to 
that type of - facility ■ 

pr ovider . 

( b ) Bny care ce n ter s « :ub j cct 
■to trhc nnixirvttm rc imbur r ;T:: n c n t 
ra te s ftrr cliil d rkry care si iall 
h-cnrc tHitrdrr all ovr abl c ctrs-bs 
c^t abli: : ;h e d trcco rdin g t-o orrc trf 
thtr trwxj m et h o ds d escribed int 
Gcct i oi i s ^~e^&^ tm-d -r04£H> rrf ±hirs 
Stibd-rap-trcTrr 

( c ) Fa m il y day ca r e homes and 
-rntldv id tra-l c liild c ar e 

srranyeineiTb^ may irty re iinbur scd 
trb cnry neyo t lat cd rate tip tro t^ho 
maxi n- A -nn rate : :; established by the 
So c ial Servi c es Commissi o n f o r 
■bhtrt typ e facili t y . 

.0103 DEFINITIONS (REPEALED) 



.OlO-ii 



MAXIMUM REIMBURSEMENT 
RATES (REPEALED) 



.0105 SPECIAL NEEDS 

SUPPLEMENTAL RATE 

(a) irt adx ii t i o n txr ■Hre' nrtt; trf 
p aym e n t all ow trd tiTrdTrr the 

p rov r si o n s tyf Ririrc -r-O-}-04 of trlrirs 
Sect i o n, a srrpplrciircnt-ai rattrr 
rrot- tro cxc-ctrd +0 ;Tc r cent of t^rc 
stra-t-c ma. -^ im un ch-irid dtiy c ar e 
r e imbu r s e i i iei rt r a te s fxrr ±ire "typo 
of facili t y , may hs Cotablislicd 
•Sxrc a L e v e l & c-cntrer ot -faTrrrly 
day 'care ho n e provide r und er ttrc 
foll o win g co ndi t i o ns . 

(a) Any approve d p rovider of 
da ilv care may bo eli gi ble for a 
supplemental ra t e equ a l to 10 



percent 



of 



the 



provider ' s 



payment rate under the follovjinq 
conditions : 

(1) the service population of 
the child day care center or 
famil y day c ar e home is 
comprised of at least 60 
percent children without 
special needs and the center 
or home provides services to 
a child or children with 
special needs; 

( 2 ) trJrc p ro vid crr can d oc umen t 
tJie need f^irr extra costs xrc 
c ha rg es for s er vi c es t-o 
s p ec ial n eeds cl - iild re n ■ 

whtirch are -in adthit i o n to trl-re 
basic cliild day c a re cos t'g 
as all oTTCTJ in +9 U£Ae ^r&Q 
and ^6-G~r 

( 3 ) ( 2 ) the provider's rate 
for a child shall ire b as ed 
on pr oj ec t ed a ll ow abl e 

co s t s , not tro exceed 1 
percent of the provider's 
appr-ovrrd daily care rate for 
that age group ; as strt by 
trhc ef f4^rc of Bay C ar e 
Se rv i ce r ; 



(^ ) ( 3 ) the agency determining 

eligibility for the service 

has on file a signed letter, 

statement, or summary from 

tlio person authorized to 

make the diagnosis to 

document the "special need" 

condition and a summary of 

the special services 

required to meet tlie child's 

needs . 

(b) A "special needs" child is 

one who is determined by the 

appropriate authorities to 

qualify under one or more of the 

criteria listed in this 

Paragraph : 

(1) child recipient of SSI 
(Supplemental Security 
Income ) ; 

(2) special needs child as 
defined in accordance with 
Department of Public 
Instruction's rules in 16 
NCAC Rtrie . 1501 ; 6 H .0001; 

(3) a mentally retarded or 
severely physically disabled 
child under criteria found 
in 10 NCAC 37F .0004; 

(4) a "high risk" infant im 
a ccor dance wirth cri te ria -im 
+0 HGAe +©« .0403. defined 
a s a child from birth to 18 
mo nt h s of age wlio exhibits 



s iq nif icantly 



atypical 



pa tterns of bchavi or that 
i ndica t e a high pi'obability 
o f mental retardation. The 
condition of high rislc must 



be 



determined 



by 



p hysician, who m ay secure 
corroborating evidence from 
a practici ng psychologist or 
a psychological associate 

unde r t he supervision of a 

practicing psychologist. 

.0106 PAYMENT RATES 

(a) Rates for daily care 
purchased from a child day care 
center shall be established 
according to the procedux'es 
described in Rule .0107 of this 
Section . 

(b) The payment rate for 
full-time care purchased from a 
family day care homo (registered 
plan) is one hundred fifty 
dollars ($150.00) per month. 

(c) The payment rate for 
full-time care purchased from an 
individual child care 
arrangement is one hundred 
dollars ($100.00) per month. 

(d) The payment rates for 
daily transportation purchased 
from any approved provider, 
except as provided in Paragraph 
(a) of Rule .0107, are: 

( 1 ) forty-two dollars 

($42.00) per month for any 
child younger than three 
years and any other child 
wliose transportation needs 



NORTH CAROLINA REGISTER 



392 



require special 

accommodations or additional 
supervision . 
(2) thirty-eight dollars 

($38.00) per month for any 
child who does not meet the 
requirements of Subparagraph 
(d) (1 ) . 

(e) Payment rates for 
part-time care shall be prorated 
according to the number of liours 
per day or days per month the 
child is scheduled to attend. 

(f) Client fees imposed in 
accordance with the provisions 
of Section .0300 of Subchapter 
46H shall be subtracted from the 
provider's allowable cost to 
determine the payment rate for 
an individual child. 

.0107 RATES FOR DAY CARE 
CENTERS 

(a) The payment rate for 
centers in which fewer than SO-'i 
of the children enrolled are 
subsidized with state or federal 
funds shall be the same fee paid 
by private paying parents for a 
child in the same age group in 
the same center, including 
registration fees. The payment 
rate for daily transportation 
provided by these centers is the 
same fee paid by a private 
paying parent for transportation 
of a child to and/or from the 
center . 

(b) Centers in which 50% or 
more of the children enrolled 
are subsidized with state or 
federal funds may choose 
annually one of the following 
options : 

(1) the center's payment 
rates for care and 
transportation for state 
fiscal year 1985-86; or 

(2) the county market rate 
for care calculated pursuant 
to Section 97 of Chapter 479 
of the 1985 Session Lavjs and 
the state payment rate for 
transportation . 

(c) Centers which primarily 
serve cliildren who are mentally 
or physically handicapped, 
cerebral palsied, autistic, or 
abused or neglected pursuant to 
G.S. 7A-544, are exempt from tlie 
provisions of Paragraphs (a) and 
(b) of this rule and may choose 
annually one of the following 
payment options: 

( 1 ) the maximum rates 

established by the Division 
of Mental Health, Mental 
Retardation and Substance 
Abuse Services for 
developmental day centers : 
or 

C2) the center's allowable 
unit cost per child 
established annually by tlie 



section according to 
allowable cost policy and 
rate establishment 

procedures approved by the 
secretary pursuant to G.S. 
14B-153(2a). The state 
allov/able costs codified in 
10 NCAC 46S shall apply only 
to centers wliich meet the 
criteria of this rule. 

(d) Except as provided for in 
Paragrapli ta), the payment rate 
for registration fees sliall be 
limited to twenty dollars 
($20.00) per year per child. 

(e) Purchasing agencies may 
negotiate v;ith day care center 
providers for purcliase of child 
day care services at payment 
rates loV'jer than those 
prescribed by this rule. 

CHAPTER 47 - STATE/COUNTY 
SPECIAL ASSISTANCE 

SUBCHAPTER 47B - ELIGIBILITY 
DETERMINATION 



SECTION 



0400 - ELIGIBILITY 
FACTORS 



.0405 INCOME 

-(-H- ++re firs t t v. 'e n t y d o llars 
(020.00) s^tzzH fcrt? 

disL ' gjg J L d ed plu s orre — half trf 
th'j r e m aind e r ntrb t-a ex c eed 
a t o t al d isr eg a r d trf ■f-rf-by 
dollars -(-05 . Q»> fTTCTt total 
m oi' i b l TJry g:ar ncd income ;■ 

( 2 ) work relnbed expt 
sliall fe-c s ub tr ac ted 
aiTtl s t ahe t ax, P ICA . 
du e s , r et ii c m^ j ii b , medical 
ctrrd liospi t al insu r ance, -Htc 
trorrt trf unif o rms , t ools trr 
TTTtrt o rials ) ; 

( 5 ) trcrst- erf t ransp o rtat ion ±ro 
and f "rtxrr v,' o r k "shrrilr trc 
stibt-r a ct e d ( if a pp li c an t 
1 c - c i p i cntr u -■ c & hirs orm 
v -' hicle ) , t-rm c en ts ($.10) a 
mil e s+raii be a- ll o v;cd, ' and 

-f4^ ttm di^ llars ( $ 10. 0-&4 -^rrr 
in cent i ve sl ' iall be 

sub t ract trd-r 

(1 ) the first si . xty-five 

dollars ($65.00) shall be 
disrega r ded ; 

(2) impairment-related vjork 
expenses for sucli items as 



equipment. prostheses. 



and 



medical 



devices 



and 



vjork-related e.xpenses for 
uniforms. tools, materials 



or unusual 



transportation 



costs shall be subtracted, 



(3) tlien one half of tlie 



remainder 



sliall 



be 



disregarded . 

CHAPTER 49 - AFDC 

SUBCHAPTER 49C - EMERGENCY 
ASSISTANCE 



393 



NORTH CAROLINA REGISTER 



SECTION .0100 



COVERAGE 



.0101 ELIGIBILITY FOR COVERAGE 

(a) Eligibility for coverage 
will be as follows: 

( 1 ) Emergency Assistance 
shall be provided to or on 
behalf of a needy child(ren) 
under the age of 21 , the 
specified relative of the 
needy child(ron), the spouse 
of the specified relative 
and any other child(ren) 
under the age of 21 vjho may 
live in the home and is 
under the care and 
supervision of the specified 
relative. The needy child 
under the age of 21 who is 
within the specified degree 
of relationship must be 
living with the specified 
relative or have lived with 
the specified relative 
within six montlis prior to 
the month in wliicli Emergency 
Assistance is requested. 

(2) Families of migrant 
workers shall be covered if 
the requirements stated in 
paragraph (a) of this rule 
and the regulations stated 
in 45 CFR 233.120 are met. 

(b) Verification 

(1) The county shall accept 
the applicant's statement to 
verify the household 
composition . 

(2) The county shall accept 
the applicant's statement 
verifying living with and 
kinship unless questionable. 
If the applicant's statement 
is questionable, the county 
department of social 
services shall be required 
to verify living with and 
kinship according to rules 
in 10 NCAC 49B .0304. 

.0102 EMERGENCIES COVERED 
(a) The following emergencies 
shall be covered: 

(1) a crisis situation 
resulting from a 
catastrophic illness; 

(2) substantial loss of 
shelter, food, clothing, or 
household furnisliings due to 
fire, flood, or similar 
natural or man-made 
disaster, or a crime of 
violence ; 

(3) emergency situation over 
which there was no control, 
which left the family 
homeless, or in immediate 
danger of eviction or 
foreclosure ; 

C4) a situation in which 

Emergency Assistance is 
necessary to avoid 
destitution of the needy 



child(ren) as described in 
.0101 of this Subchapter, or 
to provide shelter for the 
child( ren ) ; 

(5) emergency situation which 
could lead to destitution 
and the destitution or need 
for living arrangements did 
not arise because he or a 
specified relative refused 
without good cause to accept 
employment or training for 
employment . Good cause is 
defined in 10 NCAC 49B 
.0311 (2) . 

(6) mass emergencies; 

(7) Loss of a relative who 
has been responsible for 
support and/or care of one 
of the family members. 

(b) The county department of 
social services shall verify the 
emergency situation. Methods of 
verification include but are not 
limited to an eviction notice, 
contact with tlie landlord or 
other collateral, statement from 
a doctor, or signed statement 
from the applicant. 

.0103 EMERGENCY NOT COVERED 
Heating or cooling-related 

emergencies shall not be 

covered . 

.0104 BENEFIT LEVEL 

(a) The maximum benefit per 
household is five hundred 
dollars ($500.00) during thirty 
consecutive days. Such 
assistance cannot be received 
again within a twelve 
consecutive month period. 

(b) When the county department 
purchases in-kind goods or 
contracts for the purchase of 
services to alleviate or to 
prevent destitution of the 
family, the value of the in-kind 
goods or contracted services 
must be established and 
considered when authorizing the 
benefit level . 

(1) For in-kind goods, the 
value will be the actual 
purchase price of the goods. 

(2) For contracted services, 
the provider will submit to 
the county department of 
social services a v;ritten 
statement of the value of 
tlie service provided. 

.0105 TYPES OF ASSISTANCE 

PROVIDED 
Assistance will include: 

(1) temporary shelter; 

(2) transportation; 

(3) home repairs such as 
repair of frozen pipes and 
plastic covering for windows; 

(4) replacement or repair, 
when appropriate, of 
necessary appliances. 



NORTH CAROLINA REGISTER 



394 



household items, or 
furniture ; 

(5) in-kind goods such as 
clothing, blankets, food; 

(6) outpatieiit medical 
services such as 
presci'ipt ions , eyeglasses and 
doctor visits if the expense 
is not covered by tlie 
Medicaid Program or the 
individual needing the care 
is either not receiving or is 
ineligible for Nodical 
Assistance . 

.0106 METHODS OF PAYMENT 
Metliods of payment include: 

( 1 ) direct payment ; 

(2) voucher payment; 

(3) vendor payment. 

SECTION .0200 - APPLICATION AND 
DISPOSITION 



.0201 



(a) 


The 


Emcrg 


ency 


count 
(b) 

on a 
(c) 


y in 
App 

Stat- 
If 


assis 


tanc 


receive b 


hours 


, 


speci 


fie 


emerg 
(d) 


ency 
If . 


verif 
Subch 
pend 


ied 

apte 
beyo: 



APPLICATION AND 
DISPOSITION 

family shall apply for 
Assistance in the 

v;hich it lives, 
lication shall be made 
e-prescribed form, 
eligible for 
e, the family should 
enefits v;ithin 24 to 48 
depending upon the 

circumstances of the 

eligibility can not be 

as described in this 
r, the application may 
nd 48 hours . 



SECTION .0300 - RESERVE AND 
INCOME 

.0301 RESERVE 

(a) A family shall be allowed 
to reserve resources at a 
ma.ximum of tvjo thousant two 
hundred dollars ($2,200.00). If 
tlie reserve ov;ncd by tlie family 
exceeds tv.'O thousand two hundred 
dollars ($2,200.00), it shall be 
ineligible . 

(b) Resources owned by members 
of the household applying for 
Emergency Assistance shall be 
counted . 

(c) The following reserve 
items sliall be counted: 

( 1 ) cash on hand; 

(2) the current balance of 
savings account (s); 

(3) that portion of a 
checking account other than 
the monthly income deposited 
to meet the household's 
needs ; 

(4) stoclcs , bonds, mutual 
fund shares, savings 
cert if icatcs ; 

(5) revocable trust funds; 
(5) life estate and remainder 

interest, if salable; 



(7) net proceeds from a 
business, including a farm, 
v;hich lias been discontinued; 

(8) equity in real property 
not used as a liome or 
producing an income. 

(d) Tl\c following reserve 
items shall be excluded: 

( 1 ) liouseliold or personal 
belongings (includes 

essential and non-essential 
personal property); 

(2) motor vcliicles; 

(3) primary residence, 
including mobile home, and 
all contiguous property; 

(4) incor.ie-producing 
property ; 

(5) insurance (including 
burial, tcr.ii. and whole life 
cash values ) ; 

(6) value of prepaid burial 
contracts ; 

(7) value of burial plots; 

(8) savings of a student 
under the age of 21 wlio is 
saving his money for school 
expenses ; 

(9) relocation assistance 
payments ; 

(10) that portion of monthly 
income deposited in a 
checking account to meet 
monthly needs; 

(11) non-salable life estate 
or remainder interest; 

(12) heir property; 

(13) HUD community 
development block grants. 

(e) Verification 

(1) Unless questionable, the 
value of the family's 
reserve shall be verified by 
the specified relative's 
statement . 

(2) If the family's resources 
equal or e.xcced two thousand 
tv.'O hundred dollars 
($2,200.00) or the specified 
relative's statement is 
questionable, resources 
shall be verified according 
to 10 NCAC 49B .0307. 

(3) If additional 
verification is required, 
the application may pend 
beyond 48 hours . 

.0302 INCOME 

(a) E.xcept for verification, 
income rules stated in 10 NCAC 
49B .0308 shall control for 
Emergency .Assistance. 

(b) Verification 

( 1 ) The county department of 
social services shall use 
any resources available at 
the county department to 
verify income of the family. 
These resources may include 
but are not limited to other 
public assistance case 
records of the family, 
income listings such as the 



395 



NORTH CAROLINA REGISTER 



state Data Exchange, Bendox, 
or Uncmployincnt Insurance 
which is available both on 
paper listing and on-line in 
the State's Eligibility 
Information System. 

(2) If records are 
unavailable at the county 
department of social 
services for verifying 
income, county departments 
of social services shall 
accept the specified 
relative's written statement 
as to the amount of the 
family's income. unless 
questionable . 

(3) If the specified 
relative's statement is 
questionable, the county 
department of social 
services shall be required 
to verify income according 
to the rules in 10 NCAC 49B 
.0308(g) . 

(4) If additional 
verification is required, 
the application may pend 
beyond 48 liours . 



SECTION .0400 



SERVICES 



.0401 SERVICES PROVIDED 
Tlie county shall provide 
the follovjing services to help 
meet needs attributable to the 
emergency : 

(1) information regarding 
community services available; 

(2) referral to otlicr agencies 
where appropriate, including 
referral to tlie local Child 
Support Enforcement Agency; 

(3) Otlier services as stated 
in the county's Social 
Services Plan. 

SECTION .0500 - GENERAL 
EMERGENCY ASSISTANCE PROGRAM 
PROCEDURES 

.0501 PROCEDURES 

The following general 
pi'ocedures shall be applicable 
to the Emergency Assistance 
Program : 

(1) Notice and hearings rules 
stated in 10 NCAC 24A .0600 
shall control for Emergency 
Assistance . 

(2) Confidentiality rules 
stated in 10 NCAC 24B sliall 
control for Emergency 
Assistance . 

(3) Rules regarding lost, 
stolen and forged checks 
stated in 10 NCAC 49B .0605 
shall control for Emergency 
Assistance . 

(4) Ovcrpavmcnt rules stated 
in 10 NCAC 49B .0606 shall 
control for Emergency 
Assistance . 

(5) Client fraud rules 



stated in 10 NCAC 49B .0608 
shall control for Emergency 
Assistance . 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Department of Human 
Resources intends to repeal 
regulations cited as 10 NCAC 43J 
.0101; .0102; .0301; .0302; 
.0303. 

The proposed effective date of 
this action is January 1, 1987. 



Statutory 
143B-10. 



Authority : 



The public hearing 
conducted at 9:00 
October 16, 1986 at 
Floor Conference Room, 
Building, 325 N. 
Street, Raleigh, N.C. 



G.S. 



will be 
a.m. on 
the 4th 
Albemarle 
Salisbury 



Comment Procedures : Any 
interested person may present 
his/her comments either in 
writing tliree days prior to or 
at the hearing or orally at the 
hearing for a maximum of ten 
minutes. Any person may request 
information by wx'iting or 
calling Victoria Voiglit, Office 
of Legislative and Legal 
Affairs, 325 N. Salisbury 
Street, Raleigh, N.C. 
919-733-6920. 

CHAPTER 43 - SERVICES PROGRAM 
PLAN 

SUBCHAPTER 43J - MINIMUM SERVICE 
LEVELS 

SECTION .0100 - GENERAL 
.0101 PURPOSE (REPEALED) 
.0102 APPLICABILITY (REPEALED) 

SECTION .0300 - IN-HOME SERVICES 

.0301 SERVICES (REPEALED) 

.0302 MINIMUM LEVEL 

REQUIREMENTS (REPEALED) 

.0303 COMPLIANCE (REPEALED) 

TITLE 15 - NATURAL RESOURCES AND 
COMMUNITY DEVELOPMENT 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Environmental 
Management Commission intends to 
amend regulation cited as 15 
NCAC 2B .031 1 . 

The proposed effective date of 
this action is April 1, 1987. 



NORTH CAROLINA REGISTER 



396 



statutory 
143-214. 1 . 



Authority : 



G.S. 



The public hearing will be 
conducted at 7:00 p.m. on 
October 22, 1936 at King 
Auditorium. King Hall. 
University of North Carolina 
Wilmington. 601 Soutli College 
Road, Wilmington, NC 
28403-3297. 

Comment Procedures: All persons 
interested in this matter are 
invited to attend. Comments, 
statements, data, and other 
information may be submitted in 
writing prior to, during, or 
within thirty days after the 
hearing or may be presented 
orally at the hearing. Oral 
statements may be limited to 5 
minutes at the discretion of the 
hearing officer. For further 
information or the submission of 
written comments, contact Bill 
Kreutzbergcr , DEM, P.O. Box 
27687, Raleigh, NC 27611, (919) 
733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 

.0311 CAPE FEAR RIVER BASIN 
(b) The Cape Fear River Basin 
Schedule of Classification and 
V^ater Quality Standards was 
amended effective: 



(1 ) 


March 1 , 


1977; 


(2) 


December 


13, 1979; 


(3) 


December 


14, 1980; 


(4) 


August 9, 


. 1981; 


(5) 


April 1 . 


1982; 


(6) 


December 


1, 1983; 


(7) 


January 1 


1, 1985; 


(8) 


August 1 , 


1985; 


(9) 


December 


1. 1985; 


(10) 


February 


1, 1986; 


(11 ) 


January 1 


, 1987: 


(12) 


April 1 , 


1987. 



(Editor's Note: 
(b)(n) of this 
published in the 
Register, Volume 
pages 339-340. 
effective date 



Notice for 

Paragraph was 

North Carolina 

1 . Issue 5 on 

The proposed 

for (b)(11) is 



January 1 , 1987. ) 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the NR&CD intends to amend 
regulations cited as 15 NCAC 8B 
.0303; 8D .0004; 8C .0002; and 
adopt 15 NCAC 8D .0006. 



The proposed effective date of 
this action is January 1, 1987. 

Statutory Authoritv: G.S. 
90A-37; 90A-39; 90A-40; 90A-41; 
and 93B-8. 

Tlie public licaring will be 
conducted at 10:00 a.m. on 
October 31. 1986 at Council 
Cliamber, Municipal Building, 300 
V/ost V.'asliington Street, 
Greensboro, N. C. 

Comment Procedures: All persons 
interested in this matter are 
invited to attend. Comments, 
statements, data, and other 
information may be submitted in 
writing prior to. during. or 
within 30 days after the hearing 
or may be presented orally at 
the hearing. Oral statements 
may be limited to five minutes 
at the discretion of the hearing 
officer. For futhcr information 
or the submission of written 
comments, contact Jackie Wall. 
DEM, P. 0. Bo.x 27687, Raleigh, 
N. C. 27611. (919) 733-5083. 

CHAPTER 8 - WASTEVJATER TREATMENT 
PLANT OPERATORS 

SUBCHAPTER 8B -CERTIFICATION OF 
OPERj\TORS 

SECTION .0300 CERTIFICATION BY 
EXAMINATION 

.0303 EXAMINATION RESULTS 
AND ISSUANCE OF 
CERTIFICATES 

(a) Within as short a period 
as feasible, after an 
examination, tlie examinee will 
bo informed, in writing only, by 
the commission or its authorized 
representatives as to tlie 
results of his examination. If 
a passing score is made. such 
notification constitutes 

certification by the commission 
that the applicant is a 
qualified operator in the 
appropriate grade. After each 
examination. a list of those 
certified shall be drav'jn up and 
made a part of tlie permanent 
records of the commission. 
Copies of these lists will be 
provided eacli commission member 
tnrd offic ial approval o^ 
c e r t i - f i c at i o n vji ll trcr m ade by 
trlrc c-OTTrm i s s io n trt it-s re gula r l y' 
tacltirdt i l ed meet i n gs . Upon 
completion of the lettering, the 
qualifying applicant will be 
issued a certificate designating 
his level of competency. 

SUBCHAPTER 8C - CLASSIFICATION 
OF WASTEWATER TREATMENT 
FACILITIES 



397 



NORTH CAROLINA REGISTER 



.0002 RATING SCALE FOR 
CLASSIFICATION OF FACILITIES 
(5) SECONDARY TREATMENT UNITS 
(a) Carbonaceous Stage 
(vi) Stabilization 

Lagoons 5 

wdrtlt o u t l et t-o stream 



SUBCHAPTER 8D - POWERS 
ENFORCEMENT 



AND 




,0004 REVOCATION OF 
CERTIFICATION 

irraT' revok e t+te 

t ion o-f ?rrt op e rator 
"ix "xs xound t lint tnc 
o pc -r a tor has prac t ic e d fraud err 
tkrc ep t ion ; -tlrrrt re asonabl e care , 
'^pttu"cjxn7tcTrfc~r OTT t^To cipplricat ion orf 
Jrirs know l e d ge err aJ ?il i t y was n ot 
uaed -irt ■Hrc pr e f oi ii iaiic e trf his 
thrbietrr trr -HTa^ t-he o perato r -is 
- inc o inpe t en t trr unabl e ■txr 

pro p erly p e rf orn Irirs d u t i e s . 
Pri or to the commission ta king 
action on a proposed revocation, 
tlio operator shall he given a n 
opportunity to submit a v; ritton 
stateT Ti cnt and present an o ral 
argument before tl\e commiss ion 

at a r egu l arly s c h e d u led 

m eeting. No tic e o f th e meeti ng 

s h a 1 1 h e d el i ve rc d pc r n o iiaj J. j,^; o r 

by cer tified m.nj I at le ast 1 5 

d^ny.s ;:) r 1 o r to t ! i e ^meej^i ncL^ 

(b) Notice of revocation sliall 



operator 
certified 
prior to 
effective 



del ivcred 



to 



personally or 
mail at least 20 

t aking cTC 

date of revocation 



the 

by 

days 

n the 



Tlic notice shall contain the 
alleged facts or conduct upon 
which the revocation is based 
and shall inform the operator of 
the opportunity to contest the 
action. The procedures to be 
follov;od shall be as specified 
in 15 NCAC 8A . 0302. 

.0006 RECERTIFICATION 

FOLLOWING REVOCATION 

Ca) After revocation has been 
effective for a period of not 
less than 270 days, a person may 
apply in writing for 
reccrt if icat ion by the 
commission, including in his 
petition any relevant facts 
concerning changes to conditions 
under which revocation occured. 
Such facts sliould show clearly 
that applicant v;ill comply witli 
the lav;s and requlations. 

(b) Within 120 days following 
receipt of an application for 
rocertif icat ion , the commission 
will notify the applicant by 
letter of its decision to deny 
or grant examination eligibility 
in accordance witli procedures 
set out at subsection 8B .0102 



herein. Additional eligibility 
requirements including a sliow 
cause conference may be imposed 
by the commission as it dooms 
appropriate. Eligibility will 
only bo granted if there is 
substantial evidence that the 
conditions leading to the 
revocation have been corrected. 

(c) Recert if icat ion of a 
person as a wastevjatcr treatment 
plant operator shall only occur 
by means of application and 
examination. The examinations 
will not be waived. The 
applicant shall meet the 
eligibility requirements set 
forth in Section BE .0200 
beginning with BE .0201 except 
that applicant shall not be 
eligible for BE .0206. 
Operational experience prior to 
revocation will not apply as 
eligibility for future 
recert if ication . Applicant 
sliall not be eligible for 
temporary certification under 
Section BB .0404. 

(d) Upon notification of the 
commission's decision to deny 
eligibility, the applicant may 
appeal tlie decision pursuant to 
the procedures contained in NCOS 
150B-23. 

Notice is hereby given in 
accordance with G.S. 150E-12 
that the VJildlife Resources 
Commission intends to amend 
regulations cited as 15 NCAC 1 0F 
.0503(a) and .0322. 

The proposed effective date of 
this action is March 1, 1987. 

Statutory Authority: G.S. 75A-3; 
and 75A-15. 

The public hearing will be 
conducted at 9:00 a.m. on 
October 20, 1986 at Room 386, 
Archdale Building, 512 North 
Salisbury Street, Raleigh, North 
Carolina . 

Comment Procedures : Interested 
persons may present their views 
citlier orally or in v/riting at 
the hearing. In addition, the 
record of the hearing will be 
open for receipt of v;ritten 
comments from October 21, 1986, 
to 5:00 p.m. on November 21, 
1986. Such written comments 
must be delivered or mailed to 
tlie Wildlife Resources 
Com.mission, Archdale Building, 
512 N. Salisbury Street, 
Raleigh, North Carolina 27611. 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER 



NORTH CAROLINA REGISTER 



398 



SAFETY REGULATIONS 

.0303 BEAUFORT COUNTY 

(a) Regulated Areas. This 
Rule applies to the following 
waters in Beaufort County: 

(3) that portion of Blounts 
Creek beginning 100 yards 
below the Old Crist Landing 
and extending upstream to 
C o t to n ra tc h Landing; tlio NC 
53 bridge; 

(5) the navigable portion of 

Nevils Croc k extendi ng 

upstream from its mouth at 
the Pamlico River. 

(b) Speed Limit. It is 
unlawful to operate a vessel at 
greater than no-wake speed in 
the regulated areas described in 
paragraph (a) of this Rule. 

.0322 UNION COUNTY 

(a) Regulated Area. This Rule 
applies o nly to ■Hrat- p o r t i o n rrf 
Cane Creek Lake which lies 
within the territorial limits of 
Union County. 

(b) Speed Limit Near Ramps. No 
person shall operate a vessel at 
greater than no-wake speed 
within 50 yards of any public 
boat launching ramp on t+rc 
v. ' a t c r s trf Can e Creek Lak e -in 
Union C o unty . or within 5 
yards of the boat rnmp at the 
Family Camping Area located on 
the regulated area der^cribed in 
Paragraph (a) of this Rule. 

(c) Speed Limit in Congested 
Area. No person shall operate a 
vessel at greater than no-v;ake 
speed v>ithin 75 yards of the 
narrow neck that connects the 
upper and lovjer portions of Cane 
Creel; Lal'e . 

( c ) ( d J Restricted Swimming 
Areas. No person operating or 
responsible for the operation of 
a vessel shall permit it to 
enter any marked public swimming 
area established with the 
approval of the E.xecutive 
Director, or his representative. 
on the v. ' abcr'^ trf Cane C r e ek Lalcc 
■xrt Uni o n C o un t y . regulated area 
described in paragraph (a) of 
this Rule . 



TITLE 21 



LICENSING BOARDS 



Notice is hereby given in 
accordance v;ith G.S. 150B-12 
that the Dental Examiners 
intends to amend regulation 
cited as 21 NCAC 1 6M .0001. 

The proposed effective date of 
this action is February 1, 1987. 



Statutory Authority; G.S, 
90-39. 



90-28; 



The public hearing will be 
conducted at 1 :00 p.m. on 
October 25, 1986 at 3325 
E.xecutive Drive, Raleigh, N. C., 
at the Offices of the Board. 

Comment Procedures : Persons 
wishing to present oral data, 
views or arguments on a proposed 
rule may file a notice with tlic 
board at least ten days prior to 
the proposed hearing. Any 
person may also file a written 
submission containing data, 
comments or arguments at any 
time within ten days after the 
hearing . 

CHAPTER 16 - BOARD OF DENTAL 
EXAMINERS 



SUBCHAPTER 1 6M 



FEES PAYABLE 



.0001 DENTISTS 
TiTC f o ll o win g f ee s s hall irs 
p ayable tro t he - Nor t h Carolina 
S-ttrt-e B o ard trf B cntal E. -' iamincrs . 
-H-)- A ppl i c a t i o n ftrr General 

D e n t is t ry E .xami r .a t ion . 075 . 00 
■( 2 ) A ppl i c a t i on -ftrr 

Instruc t or ' s Licens e and 

E? :jmin ctt i o n 050 . O O 

( 3 ) 6-c neral D e nt is^tr y and 
Ins t ruc tr o r ' s License 

Rcmrtrr .l 040.00 

(. A ) Appl icat ion for 

Pr o visional Li c ensure — 

G e n e ral D ent is-bx- T, ' 050 .00 

( 5 ) Applica t ion ftrr In t ern 
Pe r mi t trr rcnevyal 

t hereof 050 .00 

(G ) Ce rt ifica t e trf li c ense tro 
ti r esiden t d e n t ig t d- e siring 
3 chan ge t~o an ot he r -st-at-c xrr 

terri t ory no chg 

( 7 ) Li c ensu re upo n clini c al 
c .xariina t L xm (r£ pr act it ion e r 

trf wntrth-cT st a t e ^^ 7- 5 . 

( ) R eins t a t em ent- trf a li c ense 

t-o re su me p r a c tic e 050.00 

From time to time, the board 
wi ll establi s h a s c liedule of 
of fees for license application 
a nd renev.'al, as authorized by 
G.S. 90-59. A schedule of 
current fees m a y be obtained 
from the Board's office. 

Notice is hereby given in 
accordance v;ith G.S. 150B-12 
that the Board of Medical 
E.xaminers intends to amend 
regulations cited as 21 NCAC 32B 
.0101 : and .0201 . 

The proposed effective date of 
this action is January 1, 1987. 



Statutory Authority: G.S. 
and 90-13. 



90-9 



The public hearing will be 
conducted at 10:00 a.m. on 
October 15, 1986 in the 



399 



NORTH CAROLINA REGISTER 



auditorium of N.C. Medical 
Society, 222 N. Person St., 
Raleigh, N.C. 

Comment Procedures = Persons 
interested may present v;rittcn 
or oral statements relevant to 
the actions proposed at a 
hearing to be held as indicated 
above. Written statements not 
presented at the hearing should 
be directed before October 1 , 
1986, to the following address: 
Administrative Procedures, N.C. 
Board of Medical Examiners, 
Suite 214, 222 N. Person St., 
Raleigh, N.C. 27601 . 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

SUBCHAPTER 32B - LICENSE TO 
PRACTICE MEDICINE 

SECTION .0100 - LICENSE BY 
WRITTEN EXAMINATION 

.0101 MEDICAL EDUCATION 
In order to be eligible for N. 
C. vjritten examination, FLEX 
(Federation Licensing 

Examination), a pliysician 
applicant must: 

( 1 ) be a graduate of a medical 
school approved by either: 

(a) LCME (Liaison Commission 
on Medical Education), or 

(b) AOA (American Osteopathic 
Association); or 

(2) if graduated from a 
medical school not approved 
by LCME or AOA, the applicant 
must : 

(a) take the North Carolina 
v;ritten examination, FLEX, 
and 

(b) furnish proof of 
satisfactory completion of 
three years of graduate 
medical education and 
training approved l^v the 
board (see Rule .0113); 

_( 3 ) if grad uated fro m a medi c al 



scliool no 


t a 15 n r o \' o r. 


h_y_ 


the 


LCME or AOA, and .if 


cl inical 


clerkships 


are taken 


in 


the 


U.S.A. , th 


c applicant 


mus 


t : 


(a) f urn is 


h evidence 


that 


he 


has satis 


factorilv compl 


eted 


clinical 


clerl:shi 


ps 


at 


toachinq 


hospitals 


in 


the 


U.S.A. 


with 


ACGilE 


(Accredit 


ation Council 


for 


Graduate 


Medical Ed 


neat 


ion ) 


or AOA- 


approved 


qrad 


uate 


modical 


ed!icat ion 


and 


tra ininq 


proqrams 


in 


the 


areas of tlie 


specific 


clerkship 


s ; 


not 




(b) if clerkships do 




meet tl>c 


.T b o V c r c cui 


ircmon t , 


dof icionc 


ies mnv be 


romo 


died 


as follov) 


s : 


die a 




(i) rc- 


apply to me 


1 



school so that the shool 
may arranqo for the 



appl icant 



a pproved 



to complete 



cl inical 
c lerkships as requires, or 
(ii) a p ply for admission to 
advanced standinq at a 
me dical school approved by 
the LCME or AOA to repeat 
o ne year of clinical 
c lerkship . 
No applicant graduated from a 
medical school which has been 
disapproved by tlic boai-d shall 
be eligible for examination or 
licensure in North Carolina. 

Burden of proof of medical 
education is on the applicant. 

SECTION .0200 - LICENSE BY 
ENDORSEMENT 



EDUCATION 
eligible for 
endorsement of 
a physician 



.0201 MEDICAL 

In order to be 
license by 
credentials , 
applicant must: 

( 1 ) be a graduate of a medical 
school approved by either: 

(a) LCME (Liaison Commission 
on Medical Education), or 

(b) AOA (American 
Osteopathic Association); or 

(2) if graduated from a 
medical school not approved 
by LCME or AOA, the applicant 
must : 

(a) take the North Carolina 
v^;ritten e.xaminat ion, FLEX, 
and 

(b) furnish proof of 
satisfactory completion of 
three years of graduate 
medical education and 
training appi'oved by the 
board (see Rule .0113); 

(3) if graduated from a 



medical school not 


approved 


by the LCME or AOA 


and if 


clinical clerkships 


are taken 



the applicant 



mu st : 

( a ) fur nish evidence that he 
ha s satisfactorily completed 

cl inical clerkships at 

teaching hospitals in the 



U.S.A. 



with 



ACGME 



( Accreditation Cou ncil for 
Graduate Medical Education) 
or AOA-approvcd graduate 

mod ical education and 

tr a ining proqrams in the 



of 



the 



specific 



cle vlcships ; 
(b) if cJerkships do not 

meet the above requirement, 
defici e ncies may be remedied 
as follows : 
(i) re-apply to m edical 
school so tliat the school 



for 



the 



ma y a r rancto 

a ppl ica n t to^ 

a p p r_o y <? d cl i n i c a 1 

clcrlcship.s as required, or 



complete 



NORTH CAROLINA REGISTER 



400 



(ii) 


applv 


for ad 


Imission 


to 


advanced 


standinq 


at 


a 


mod 


ical sc 


hool a 


ipprovod 


bv 


the 


LOME or AOA 


to 


rcp< 


3at 


one 


vear 


of 


c 


1 inical 



clerk ship . 

No applicant graduated from a 
medical school which has been 
disapproved by the board sliall 
be eligible for examination or 
licensure in North Carolina. 

Burden of proof of medical 
education is on the applicant. 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Real Estate Commission 
intends to amend regulations 
cited as 21 NCAC 58A .0101(b); 
.1005(a)(3); .1104(a); .1105(a) 
and (b); . 1 203 ( a ) ( 1) - ( 4 ) ; 
.1205(a); .1306(b)(1) and (2); 
.1314(d); .1318(a); 21 NCAC 58B 
.0101; .0102; .0103(a); 
.0104(c); .0201(b); .0202(a) and 
adopt 21 NCAC 58B .0105. 

The proposed effective date of 
this action is April 1, 1987. 

Statutory Authority: G.S. 
93A-3(c); 93A-4(c) and (d); 
93A-33; 93A-44; 93A-51; 
93A-52(a) and (d); 150B-11. 



SECTION .1000 - SCHOOLS 

.1005 WITHDRAWAL: DENIAL OR 

SUSPENSION OF APPROVAL 
(a) The commission nay deny, 
withdraw or suspend approval of 
any school, r eprim an d the 
sch ool . or place t l\ o school on 
pro b ation upon finding that: 
( 1 ) such school has refused 
or failed to comply witli any 
of the provisions of 
Sections .1000, .1100 or 
.1200 of this Subchapter; or 

(2) any school official or 
instructor has obtained or 
used, or attempted to obtain 
or use, in any manner or 
form, North Carolina real 
estate licensing examination 
questions ; or 

(3) such school has a 
salesman 

or broker licensing 
examination performance 
record for any annual xrc 
scni — a r inual reporting period 
which is substantially belov; 
the performance record of 
all first-time examination 
candidates . 

SECTION .1100 - REAL ESTATE 
PRE-LICENSING COURSES 



The public hearing will be 
conducted at 9:00 a.m. on 
October 17, 1986 at Offices of 
the North Carolina Real Estate 
Commission, 1200 Navaho Drive, 
Raleigh, North Carolina. 

Comment Procedures: Comments 
regarding the proposed rules may 
be made orally or submitted in 
writing at the public liearing. 
Written comments not submitted 
at the hearing should be 
directed so as to be delivered 
no later tlian November 20. 1986, 
to the North Carolina Real 
Estate Commission, P.O. Bo.x 



17100, 
27619. 



Raleigh, North Carolina 



CHAPTER 58 



REAL ESTATE 



SUBCHAPTER 58A - REAL ESTATE 
BROKERS AND SALESMEN 

SECTION .0100 - GENERAL 
BROKERAGE 

.0101 DISPLAY OF LICENSE 

(b) The annual license renewal 

sticker pocket card issued by 

the board to each broker, 

or brokerage 

shall be nf f i. r M - d 

the licensee iro irirs 

upon re c ei p t as evidence of 
licensure . 



salesman , 
corporation 
retained by 
rcrai trsbzrte 



.1104 COURSE CONTENT 

(a) All courses shall consist 
of instruction in the subject 
area and at the competency and 
instructional levels prescribed 
in the commission's syllabi. 

.1105 COURSE COMPLETION 
STANDARDS 

(a) Schools must establish and 
enforce academic standards for 
course completion which 
reasonably assure that students 
receiving a passing grade 
possess adequate Icnov/ledgc and 
understanding of the subject 
areas prescribed for the course. 
A student ' s grade must be based 



solely 


on li i s 


or 


her per 


f ormr 


mce 


on c: 


:aminat 


ions 


and 


qrr 


ided 


homei-;orl<: 


or 


c 


lassv. 


rork 


assignments . 


No 


credit 


may 


be 



awarded 



to 



student 



for 



attendance 



cl 



ass 



participation . In any course 
for which college o r CEU credit 
■irs m ay be avjarded , the passing 
grade for such course must be 
the same as that grade which is 
considered passing tindcT th^ 
^ cliool ' s uniform g rading -sytrtcm-r 
for th o p ur pose of awarding 



college or CEU credit. 

(b) Course completion 
requirements must include 
passing a comprclicnsive final 
course examination wliicli covers 
all subject areas prescribed by 
the commission for sucli course. 



401 



NORTH CAROLINA REGISTER 



and which measures student 
competence in accordance with 
the competency and instructional 
levels prescribed in the 
commission's course syllabus, 
a n d which a cco untf; for at l ea ^_t 
f i ft y pe rcen t of a stvi d on t ' s 



transactions 



witliin 



the 



grade for the course . 



Final 



cou rr.e examinations are subjec t 
to review and approval by the 



commission . 



Tnke-hono 



final 



course 



o pen-book 
oxr'min at ions a r e prohi bited. 
Schools may allow a student to 
make up n any missed course 
examination or to retake a any 
failed cour se examination in 
accordance with policies adopted 
by the school; however, no such 
make-up or repeated examination 
may include more than 
t\.'onty-f ive percent of the 
questions vjhich appeared on tlie 

o ri g i nal- missed or failed 

examination. t-crftcn by -Htc 
st udent . Schools may not allow 
a student to retake a failed 
examination more than trw-ircrc once 
unless the student first repeats 
the course . 

SECTION .1200 - CERTIFICATION 
OF REAL ESTATE INSTRUCTORS 

. 1203 CRITERIA FOR 
CERTIFICATION 

(a) The commission shall 
certify an applicant to teach 
the courses listed in tliis 
Paragraph upon finding that the 
applicant is recommend by a 
licensed/approved school, has 
submitted all information 
required by the commission, is 
possessed of good character and 
reputation, and possesses the 
qualif act ions described in this 
Paragraph for each course : 

(1) Fundamentals of Real 
Estate: A current North 
Carolina salesman or broker 
license, a rrtrrimtm of 9^ 1 20 
classz'oom liours of real 
estate education excluding 
company or franchise 
in-service sales training, 
p r o gi - .n ^s-r and a m inimu m of 
two years full-time general 
real estate brokerage 
experience vjithin the patrt 
previous five years . 

(2) Real Estate Law: Ci t l ' i cr 
A license to practice law in 
North Carolina or a c u ri c u t 
No r t h Caro lin a broker 
1 iccriic- a m-ii-nrmtrm of t hr ee 
y ea r s f u ll tniiiTO g eneral re al 
os-ba-to b ro JC ' i r a gc c . - cperi cTrc-e 
vrirth-in t-ho pcrrrt- frtTfo yoar-s-r 
ant:! ■sttb^t-arriHrai c du c at i on rrn 
icai estate iar; top-ios trbovc 
tlto ptt:: — 3ritrcn-s-irrg Ircvoi-r 
an d experien c e in closing at 
least ton real estate sales 



previous three years. 

(3) Real Estate Finance: 
Eitl^cr one year full-time 
experience within the pas t 
five pre vious t h ree years as 
a moi'tgage loan officer 

special izing in first 

mortqane loans, or two years 
full-time experience within 
the p ai, t frtvc previous three 
years as a general loan 
officer with an institution 
wliich de al s im makes a 
substantial number of first 
mortgage loans, or a current 
North Carolina broker 
license, and a minimum of 
throe five years full-time 
general real estate 
brokerage experience vjitljin 
the pa-s+ ■f4"re previous seven 
years . and subst an t ial 
cduca t i o n in real es t a t e 
•f i na n ce to pi c s ab o v e t+re 
p-re — lic e nsing l e v el . 

(4) Real Estate Brokerage 
Operations: A current North 
Carolina broker license, 1 20 
classroom l\ours of real 
estate education excluding 

comp any or franchise 

in-service sales trai ninq 
and mi ni mum of throe years 
full-time general real 
estate brokerage experience 
with the pas-t pr eviou s five 
years including at least one 
year as broker-owner, 
designated broker-in-charge 
or managing broker of a 
mu lti-agent real estate or 
office . 

.1205 DENIAL: REVOCATION: 

SUSPENSION OF INSTRUCTOR 
CERTIFICATION 
(a) The board may deny, revoke 
or suspend the certification of 
any instructor, or re p rimand the 
instructor , upon finding that: 
( 1 ) The instructor fails to 
meet the criteria for 
certification provided by 
tliosc regulations; or 

(2) The instructor has failed 
to comply with board 
regulations regarding real 
estate courses or scliools; 
or 

(3) The instructor's 
employment lias been 
terminated by any school 
approved by tlie board on the 
grounds of incompetence or 
failure to comply with 
institutional policies and 
procedures; or 

(4) The instructor provided 
false information to the 
board wlien making 
application for 
certification; or 

(5) Tlie instructor's real 



NORTH CAROLINA REGISTER 



402 



estate broker/salcman 
license has been revoked or 
suspended; or 

(6) The instructor has 
obtained or used, or 
attempted to obtain or use, 
in any manner or form. North 
Carolina real estate 
licensing examination 
questions; or 

(7) The instructor htrs failed 
•bo xr mploy acccp t ab -lt; 
in st ruct ional principles tnid 
m et h o d s is unv7ortliv or 



incompe 


:tent 


to 


act 


as 


an 


instruc 


!tor 


in a 


manner 


that 


servos 


the 


interests 


of 


the 



puhl ic , 



SECTION 



,1300 - PRIVATE REAL 
ESTATE SCHOOLS 




.1306 ADMINISTRATION 
(b) The school director must 
be possessed of good character 
and reputation and must satisfy 
one of the following 
qualifications standards: 

(1) hold a baccalaureate or 
higher degree in the field 
of education; or 

(2) have at least two y 
full-time experience 
the past ten years 
instructor or 
administrator; or 

(3) possess qualifications 
which arc found by tlic Board 
to bo substantially 
equivalent to those 
described in Subparagraph 
(1) or C2) of this 
Paragraph . 

.1314 ADVERTISING AND 

RECRUITMENT ACTIVITIES 

(d) Schools shall not use 
endoresements or recommendations 
of any person or organization, 
by way of advertising or 
otherwise, unless such person or 
organization has consented in 
writing to the use of the 
endorsement or recommendation 
and is not compensated for such 
use. A copy of the vjritten 
consent sliall be retained on 
file by tlio school for thr-cc 
five years . 

.1318 SUSPENSION: REVOCATION 
OR DENIAL OF LICENSE 

(a) The commission may 
suspend, revoke, deny issuance, 
or deny renewal of a license to 
operate a private real estate 
scliool , o r may reprimand the 
license holder, or may place tlie 

sc hool on probation . upon 

finding tliat the applicant for 
or holder of such license, or 
any instructor or other employee 
of the ovjner or holder of such 
license ; 



( 1 ) has refuses or failed to 
comply with any of tlie 
provisions of Article 3, 
Cliapter 93A of the General 
Statutes or the rules or 
regulations promulgated 
thereunder ; 

(2) has knowingly preseiited 
to the commission false or 
misleading information 
relating to matters within 
the purview of the 
commission uiider Article 3, 
Chapter 93A of the General 
Statutes or the rules and 
regulations promulgated 
thereunder ; 

(3) has presented to its 
students or prospective 
students false or misleading 
information relating to itr; 
instructional program, to 
the instructional program of 
other schools, to the 
licensing examination 
performance of its students, 
or to employment 
opportunities; 

(4) has failed to comply with 
the provisions of any 
contract or agreement 
entered into vjith a student; 

(5) has at any time refused 
to permit autliorized 
representatives of the 
commission to inspect the 
school . or failed to mak.e 
available to tlicm upon 
request full information 
relating to matters witliin 
tlie purview of the 
commission under tlic 
provisions of Article 3, 
Cliaptor 93A of the General 
Statutes or the rules or 
regulations promulgated 
thereunder ; 

(6) has obtained or used, or 
attempted to obtain or use, 
in any manner or form. North 



Carolina 
licensing 
questions ; 
(7) or any 
corporate 



real estate 
e.xaminat ion 



officer of a 

licensee or 
corporation applying for a 
license, or any partner of a 
partnersliip licensee or 
partnersliip applying for a 
license, has pleaded quilty, 
entered a plea of nolo 
contendere or been found 
guilty of a crime involving 
moral turpitude in any state 
or federal court ; 
(8) or the school has a 

salesman or brolcer licensing 
e.xaminat ion performance 
record for any annual trr 
; ;cr .i i annual reporting period 
which is substantially below 
the performance record of 
all first -time e.xaminat ion 
candidates . 



403 



NORTH CAROLINA REGISTER 



SUBCHAPTER 58B - TIME SHARES 

SECTION .0100 - TIME SHARE 
REGISTRATION 

.0101 APPLICATION FOR 
REGISTRATION 

Ev e ry ap p licati o n for t-iims 
sl ' iar >L - p ro jec t rcgisti .at ion sliall 
trc filed atr tl ' ic c-onnr iission 
office upon a ■foTmi prescribed try 
■tfn; commission anti shall c o ntain 
■irr f o rma t ion concernin g t^rc 

developer ^ s r igirt t^ use tlie 
re al prop e rt y on whi c h t-irc 
projec t irs loc a te d , in c ludi ng a 
t i t le op inion provid er} by an 
ind e p en d e n t a-btor n ey p e rf or m L rd 
w ith in ou day :s p r e c c d'^tng tlic 
da-te of app li cat i o n , a 

description of t+re impr o v eme n t s 
and am e ni t i e s loca t ed at- -the 
proj e c t , incl u d i ng a descrip t ion 
of trlre t ype and nui ii be y of t-irte 
s^' ia re uni t s , a desc r i pt i o n o-f 
tire t im e share e s t a t e ±ro ire sold 
t^ purchasers , mf ormat ion 

conce r i -rang' tho developc -r and tire 
markc t-ing and nanngi"ig e ntities 
and t^TC-irr re lati o nsl - iip txr trho 
d eveloper > i nf or mation 

cone er nii'tg any cr im mal 

c on - i - ic t i o ns , tn i p ai d c ivil 

judgments , banlcr upt c les and 

ad minis tr a t i ve dd- s c i p 1 i nar-y 

a c t i o ns a g ains t t-ht? d c\ 'clopCT-r 
the mar Icet ing and manag ing 
e n t i t ies , or t h eir prin c ipals or 
o ffi cers -in t+rirs or any ot h er 
s t a t e oT p rincipali t y , t-me 
cop i e s of aii d oc ume n ts 

reiyuired , and sucli add it i o n a 1 
■in-fo-nTrat-ion required u nder G . G . 



Ca) Every application for time 
share project re g istration shall 
be filed at the ccrimission' s 



offices upon 



bv the conmission . 



form prcfscr ibcd 



Every ;^uch 



a p nlication slia l l contain or 
have appended t lioroto : 

(1 ) inf o rmat ioTi c onco rninq 
tlie developer's title o r 



rig ht to 



the 



real 



Torty 



vjhich 



the 



p r o i o c t 



.1 ocatc d . 



includi ng a title o pi nio n 
provided bv nn indep en den t 
attorney performed within 30 
days preceding the date of 
application ; 
(2) information concerning 
owners of time sliaros at the 



p roject 



other 



than 



the 



developer ; 
(3) a description of th e 

im provement n and amenities 
locate d at t) i e p '- oject, 
i nclud in g a descrip t ion of 



time share estate to be sold 
or conve yed to purchasers; 
(5) information concerning 
the 



developer 



and 



his 



f inancia l ability to develop 
the project, the m a rketing 
a nd managing entities a nd 
tlie ir relationship to tlie 
developer ; 
(6) information concerning 
any criminal convictions, 



u npaid 



civil 



bankruptc i es 



judgment; 



and 



a dm inistrat ive penalties or 
d isciplinary actions against 
t h e developer , the 



market ing 



entities , 



managing 



their 



p rincipals or officers in 
this or any other state or 
principal ity ; 

(7) copies of all documents 
to be distributed to time 
sli are purchasers at the 
point of sale or immediately 
t hereafter ; a nd 

(8) such information as may 
be roguired bv G.S. 93A-52 . 

(b) Every application for time 
share registration shall be 
sub mitted to the commission in 
the following format : 

( 1 ) Doc ii ments s ha ll be 

r ecu rely bound and fastened 
between firm covers 



a p pro xim atelv nine inches by 
1 5 1 n cite s i n s ize . 

(2) Ihe firr^t document in 
e ach filing shall bo the 
application form wholly and 
accu rate ly completed. 

(3) Each filing shall contain 
a table of contents, listing 
e ach document by title in 
the order roguired by the 



an plication form. 
document shall 



Each 



boar 



notation indicating v;hether 
it is to be distributed to 
p urchasers or is su b mitted 
for commission examination 
only . 
(4) Each document shall be 



t ablie d 
I'ight 



and labeled on the 



side . 



Each label 



sh all id entify the document 

by title a n d nun l^e r as 

roguired by the application 

fo rm . 

(c) In accordance v?ith G.S. 

93A-52, an application for time 

share registration shall be 



consi dorcd 



to 



be properly 



completed v;hen it is v/holly and 
accurately filled out and when 
all roguired documents are 
a ppended to it and app e ar to be 



compl ian ce 



with 



the 



provisions of the Time Sliare Act 
and the Condominitim Act or Unit 



tlie nu m ber a n d and type of Ownership Act. 



t ime s liare vm it s ; 
( '^ ) a description of the 



.0102 REGISTRATION FEE 
Every application foi' time 



NORTH CAROLINA REGISTER 



404 



share project registration must 
be accompanied by a certified 
check made payable to the North 
Carolina Real Estate Commission 
in the amount of one thousand 
five hundred dollars (01 . 000 . 00 ) 
($1.50 0.001. Applications for 
registration not accompanied by 
the appropriate fee sliall not be 
considered by the commission. 
In the event a properly 
completed application filed v;ith 
the commission is denied for any 
reason. tlie amount of tvjo 
hundred fifty dollars ($250.00) 
shall be retained by tlio 
commission from tlie application 
fee and tlie balance refunded to 
the applicant developer. 

.0103 RENEK.AL OF TIME SHARE 
PROJECT REGISTRATION 

(a) Every developer desiring 
the renewal of a tine share 
project registration shall apply 
for the same in writing upon a 
form prescribed by the 
commission during the month of 
June next preceding the 
expiration of the certificate of 
registration of the project . 
Every such renewal application 
shall be accompanied by a 
certified check made payable to 
the N'ortli Carolina Real Estate 
Commission in the amount of 
sc-vc Tt l " :u :' id r j d fif t y d o llars 
(0750 .0 6^ one thousand dollars 
($1 . OOP . 00) . To renew the tine 
share project registration, the 
properly completetd renev;al 
application accompanied by the 
prescribed fee must be received 
at the commission's office prior 



amendment submitted shall be 



to 



the 



exoirat ion 



of 



the 



certificate of registration. 



(c 

p ro 



•Hto 



.0104 AMENDMENTS TO TIME 
SHARE PROJECT 
REGISTR.ATION 
AirreTrd-rrrrt-s t-a the t-rrrtj sliar e 
ec t rcgiat i at i o n tr r. all btr 
upon ^ "IXTTTT p r c s ci" i b c d iry 
c or iiaii ^ si o ii . C\ ui y jmc 'irdT' .crn t 
■rd^crnt i-fy titc -sect i o n of^ 
p r o j ect r c g i 3 1 r a b i o n "bo b-cr 
dc"d trrtid -s-Irrril: con t ain n 
ill' y 0"f tlie ar'iendju'w'jit trrrd tr 
-f bid L ' _M ! n. ' ]i t crf t+rc 1 ' v- : . ! ibons 

d m i^'i ' i t s l - .all include e i t her 

t-errt trf thg project 

ati Ji L ion section ±ro Ire 

xyT' tt copy t!rf ttrc 

+-a irs m o dified . 

Amendients to tine share 



T'OT 

amor 



project req 


istrations shall be 


submitted 


in the form of 


substitute 


paa'"!s for material 


previouslv 


filed with the 


commission . 


New or chanaed 


informat ion 


shall he 


con'^nicnousl 


V indicated bv 


unnerl ininq 


in red ink. Everv 



accompanied 


bv a cover le 


tter 


si-Tiied bv the d'""-clopor or 


his 


attorne" contnininq a sn^.rar 


V of 


tiio amend", 


ent . a statement of 


re.isons for 


v.-hich the anendment 


has been 


made. and fur 


ther 


indicat inq : 
( 1 ) the 


name and address 


of 


the 


project and 


its 


r oqistr 


at ion number; 




(2) the 


name and address 


of 


tlie do\' 


eloper : 




(5) the 


document or docum 


ents 


to wh 


ich tlic amend 


mont 


a EJliJ- o ? i. 
(4) v.'hcthcr or not the 




chanqes 


reprcr^entcd bv 


the 


a-.endment reauired 


the 


assent 


of the tire s 


hare 


o'.-.'ners 


and if so . hov; 


the 


assent 


of the time s 


hare 


ov.'ners 


'■•as prop 


erlv 


obtaine 
(5) the 


d : and 

recordinq reference 


in th 


c office of 


the 


reqiste 


r of deeds for 


the 


chanqes 


if apolicaljle . 




Doveloners 


of multinlo nrojects 


must submit 


separate pmendm 


ents 


and cover 


letters for 


each 


project for 


v.'hicji amendments 


are 


submitted . 







.0105 NOTICE OF TERMIN.ATION 
(a) a developer of a registered 
time share project vliich, for 
any reason. terminates its 
interest, rights, ownership or 
control of the project or any 
significant part thereof shall 
im.mediately notify the 
commission in writing on a form 
prescribed by the commission for 
that purpose. Notice of 
termination to the commission 



shall include 
termination, 
therefor, the 



the date of 
the reasons 
identity of the 



developer's successor, if any, 
and a report on the status of 
time share sales to purchasers 
on the date of termination. 

(b) Upon receipt of a properly 
executed notice of termination 
of the developer's interest in a 
timiO share project. the 
shall enter 
cancellat ion 
in the file of 
shall notify 
cancellation . 
failure to 
termination 
herein shall 
cancellation of 



com.miss ion 
notation of 
registration 
project , and 
developer of 
developer ' s 
notice of 
provided 
prevent 



project's registration 
G.S. 93A-52. 



a 
of 
the 
the 
A 
give 
as 
not 
the 
under 



SECTION .0200 - PUBLIC OFFERING 
STATEMENT 

.0201 GENERAL PROVISIONS 
(b) In addition to tlie 



405 



NORTH CAROLINA REGISTER 



information required to be 
contained in a public offering 
statement by G.S. 93A-44, every 
public offering statement shall 
disclose to the purcliascr of a 
time sliaro complete and accurate 
information concerning: the 

Jtvrriiab-ilrit-y of -tlTC pun: hns c r ' s 
triTT.c t: h. ' i r c ; tHtxr r- c co rdat i o n o-f 
tire ins t rum e nt co r ii/ey ing tire 
p u r chaser ' ^ t^inrc i^harc ; t-ht; 
availabili ty erf e a cli am e ni ty mt-d 
rccrca t iond fa cili ty ; trrrd t^rcr 
CTvCnangc' of tlic purci'iascr s time 
s ha re : 

( 1 ) the real property type of 
the tine share procrram an d a 
d escr i ption of the estate 
the purcha se r v;i l ]. ov;n , the 
term of tli a t estate and t ho 
rem ain der interest , if a ny , 
once the term has expired; 

(2) the doc ii mont creating the 
t ime rlmre pi' ogra Hj a 



statement that it 



the 



document vjliich cr o verns the 



p roctram a nd a 
t!ie location 



I'ef ere ncc 
viliore 



to 



the 



purcli aser may obtain or 
examine . 



copy 



of the 



docu m ent ; 
(3) vjhotlior or not th e 

property is beinc; con vert cd 



to time 



-hare from some 



other 



u? 



and 



IS 



so , 



stat em.ent to tl i at e ffe ct and 
di sclosure of tlie prior use 
of tiio imnrovenr'nt s : 



(4) the 



v.'ill ovjn eac h 
the project 



of 



maximum n tim ber 

t i me shares j n tl i o project 
a nd each i^ecreat ion al and 
ot her commonly u so d facility 
p_fferedj_ and who or I'hat 

if 
bo 



f n oil ity . 
is to 



c omplete 
pha se ; 
15) tlic complete 



in one construction 



plTase d offering 



the maximum 



Ian of 

,: inc lvidi nq 

number of time 



shar es wliicli may be in th c 



rec re at i o nal 
used 



project . each 
a nd other common ly 
facility, who or what v.'i 3 1 
ov/n each fac i lity, an d tlie 



devel o pers 

reg PT-'d jng 

bui 1 d out t il o 
(6) 



rep resent at ions 
his conmitm^nt to 



the 



project : 

a s s o c T a t j on o f owne rs 

o r__pth o r entity vi h iclT wil 1 
u ltimately be rer.ponsibl c 
for mana gin g the t ime s liare 
pro g ram, tlie first date o r 
e\-o n t v;hon th e enti t y will 



conve ne 
cond uct 
wheth er and 
deveJ oner . 



commence 



to 



Jy_s_ijiesi 
fp.r" 
as 



and 



ho w long the 
tine share 



ovjner , 



vjill control 



the 



entity ; 
(7) the location where owner s 
may in spect the articles an d 



bylaws 



of 



the 



association , 



other 



organizational documents of 
t lie entity a n d the boolcs and 
records it produces; 

v;hether tlie en t ity has 



time 



1 i e n rig lits again s t_ 
s h a re ov.in e rs fo r failure to 
I? ay^a s s e s s m e nt s ; 
(9) vdi ether or not the 

developer has entered into a 

on 



mana ge ment 
behalf of 



contract 



the 



managing 



entity, the extent to v;hic h 
the ma na ging entities powers 
are delegated to the manager 
and the location where a 



copy 



of the management 



contract may be examined; 
(10) vjhether or not the 

devel oi^er wiJLl pay 



asses sments for time 
which it o';ns 



sha res 
and 



statement that the amount of 
assessments due the managi ng 
entity from owners will 



clia n ge 



time . 



cir cumstances may change; 
and 
(11) whe t her or not the 

d eveloper sponsors or will 
spon sor a r e nt al or re s ale 



program.. 



and 



if 



su mmary of the program or 
programs . 

.0202 PUBLIC OFFERING 

STATEMENT SUMMARY 

(a) Every public offering 
statement shall contain a one 
page cover prescribed by the 
commission and completed by the 
developer entitled Public 
Offering Statement Summary. The 
Public Offering Statement 
Summary shall read as follows: 

PUBLIC OFFERING STATEMENT 
SUMMARY 

NAME OF PROJECT : 

M>BRE5S eP PROJECT 

NAME AN D LICENSE NUMBER 

OF SALESMAN : 

Tliis Public Offering Statement 
contains information which 

deserves your careful study, Ttrer 
pnb l i c Of fering St a te men t 

tront ain s a n sw er s t-o ttrc 

fxrll-ov?i n g tittctrtixrrrs w l i icl t sh o uld 
b-c trf par t icular impo rt anc e ttj 
you . 

fiBFORE ¥90 Si&i ANY eeNTi^A€T 
KlfieH e&fcieATE-S you to PtfROHASE 



VHTT 



n u u ntf 



A T-i-ME SifARE-r 
e-OivSTD&H^ 

( 1 ) HhirTt will my "t-inrc slia re 
ire t n r ailabl c t-o r i e? ( itali c ) 
t;oo p ubli c Offe r ing 

G t a t emeri t page 

-(-2^- Whtrt wTii bo my to t al 



NORTH CAROLINA REGISTER 



406 



cos't f incl ud my rry in i"t lal 
p er i o dic - f ccg nrrt} 
c i 'i any c'- j? ( i t j1 ic ) -s-c-c 




mny chttngTr t I ' l c . '.; g 

tirrd Itow-?- -fdlr al i c ) 
■sroc PuiT-i-i-c 6-ffTn*i;ng 

S+efbcmcirt p jgc 

( ^1 ) How vrii-i tire t imc - slu r c 
pro j cc"b be nri in t ainc d int i~hc 
fu tur e ? ( i t al ic ) s-ct: Pabirrc 
orf- f er in g St r. t cmen t p age 

( 5 ) Ktren ;vill e a ch a ncn i ty 
arrd r e creation f acil i t y 

( s ' .^imming ptro-l-r go lf c our yc-r 
tennis courts , etc . ) ire 

avail^ -falrc fxrr my uc c ? 

( i t ali c ) s ee Public offer ing 



rrrr^e- 



( G ) Hill P fcre abl c t^o 

cx cliang c my t-irrrc s^i a rc for n 

■pf so , h ow ? ( i t^ .1 i c ) -sere 
P ubli c Offering Gta te incn tr 

page 

( 7 ) H o V? arid when will tlie 

t i t l e tro my -time :;lT3 r c bt? 
rd^ i it J 



As 



■sec 
Off e ring G t a te men t 

y ou decide v;hothcr or not to 



p ublic 



p urchase a time sharp. 

The Public Offering Statcme 
includes general inform a 



nt 

t ion 

about the real estate type and 
size of this time share proje ct ^ 



It 



also includes 



description of t h e rccrcat 
and other facilities exi s 
or 



ciencra l 



nov; , 
future . 



to bo provided in 
Offc 



in 9-1 

tjiruj 
the 



The Public 



Statement v;ill tell 



vou 



r.inq 
how 



maintenance a n d management o f 
the project will bo provi d cd a n d 
hovj the co st s of those service s 
v; ill be charged to purc h asers . 
From the Public Offering 



State me nt you will a l so lea rn 
ho\i the project will b e gov erno d 



anrt 
a \'o 

II' ■^. 
CO n j"^ 
Init ~ 

in c 

n±fp 
this^ 

Pi^ 
Offo 
Sat i 



w lietlier pu rcha s e r s v; i 11 have 
ic e in that go vern ment . 

Pulillc Offerin g State ment 

a 2 Jl -s i mji^oj ■_t p n t i nform ajti o n^ 

3 s not a SI i_l Ks 1" it ut e fo v t h e 

lie d jiif ornr^t j o n c on'! a i n c d 

on b I' a ct o f llin'.cliase anr l th e 

1 d ocumo nts wliich cre ate a nd 

ct the t ime share program at 

pr oject ■ 
ase stud\'- this Public 



ring State ne nt carefully. 



sfy 



yourself 



that 



guest ions 



may ha '^ 



my 



ansv jered before you decide to 



pure 
otlic 



base 



If 



salesman or 



developer 



representative of 



the 



has 



made 



rep resentat ion wh ich _ 

you 
r e n r 
that 



c oncerns 

cannot find that 



an d y ou 
esei i t at j on _ 
it be pointed out to vou, 



writing, ask 



NOTICE 

UNDER NORTH CAROLINA LAW, YOU 
MAY CANCEL YOUR TIME SHARE 
PURCHASE WITHOUT PENALTY WITHIN 
FIVE DAYS AFTER SIGNING YOUR 
CONTRACT. TO CANCEL YOUR TIME 
SHARE PURCHASE, YOU MUST MAIL OR 
HA'ID DELIVER WRITTEN NOTICE OF 
YOUR DESIRE TO CANCEL YOUR 
PURCHASE TO NAME AND ADDRESS OF 
PROJECT. IF YOU CHOOSE TO MAIL 
YOUR CANCELLATION NOTICE, THE 
NORT H CARO LINA REAL ESTATE 
UOMMISSIUN RECOMMENDS THAT YOU 
USE REGISTERED OR CERTIFIED MAIL 
AND THAT YOU RETAIN YOUR POSTAL 
RECEIPT AS PROOF OF THE DATE 
YOUR NOTICE V.'AS MAILED. UPON 
CANCELLATION, ALL PAYMENTS WILL 
BE REFUNDED TO YOU. 



March 



+^64 



407 



NORTH CAROLINA REGISTER 



FINAL RULES 

When the text of any adopted 
rule differs from the text of 
that rule as proposed f the text 
of the adopted rule is published 
in this section. 

VJhen the text of any adopted 
rule is identical to the text of 
that as proposed, adoption of 
tlie rule will be noted in tlie 
"List of Rules Affected" and the 
text of the adopted rule will 
not be republished. 

Adopted rules filed by the 
Departments of Correction, 
Revenue and Transportation are 
published in this section. 
T]icsc departments are not 
subject to tiie provisions of 
G.S. 150B, Article 2 requiring 
publication of proposed rules. 



TITLE 15 



NR&CD 



SUBCHAPTER 7H - STATE 

GUIDELINES FOR AREAS 
OF ENVIRONIIENTAL CONCERN 

SECTION .0200 - THE 

ESTUARINE SYSTEM 

.0208 USE STANDARDS 

(b) 
(5) 

(E) To protect vjater 

quality of shellf isliing 
areas, marinas sliall not 
be located v/ithin areas 
whore shellfish harvesting 
for hu.Tian consumption is a 
significant existing use 
or adjacent to such areas 
if shollfisli harvest 
closure is anticipated to 
result from the location 
of the marina. In 
compliance v;ith Section 
101(a)(2) of the Clean 
Water Act and North 
Carolina l.'ater Quality 
Standards adopted pursuant 
to that section, sliellfish 
harvesting is a 
significant e.xisting use 
if it can lie establisliod 
tliat slicllfish have been 
rccnilarly liarvcsted for 
liuinan con.sump t ion since 
November 28, 1975 or that 
sliellfish apparently are 
propagating and surviving 
in a biologically suitable 
hal^itat and are available 
and suitable for 
harvesting for tlie purpose 
of human consumption. The 
Division of Marine 
Fisheries shall be 
consulted regarding the 



significance of shellfish 
harvest as an existing use 
and the magnitude of tlie 
quantities of shellfisli 
which liave been liarvested 
or are available for 
harvest in the area where 
harvest will be affected 
by the development . 

History Note: Statutory 
Authority G.S. 113A-107(a); 
113A-107(b); 113A-113(b); 
Eff. September 9, 1977; 
Amended Eff. September 1, 1986; 
June 1, 1986; December 1, 1985; 
March 1 , 1985. 



SECTION 



0300 - OCEAN 
HAZARD AREAS 



.0304 AECs WITHIN OCEAN 

HAZARD AREAS 
(1 ) 
(a) a distance landward 

from the first line of 

stable natural vegetation to 

the recession line that 

would be established by 

multiplying the long-term 

annual erosion rate times 

60, provided that, where 

there has been no long-term 

erosion or the rate is less 

tlian two feet per year, this 

distance shall be set at 120 

feet landward from the first 

line of stable natural 

vegetation. For the 

purposes of tliis Rule, tlie 

erosion rates sliall bo those 

set fortli in tallies entitled 

"Long Term Annual Erosion 

Rates Updated Through 1980" 

or "Long Term Annual Erosion 

Rates Updated Tlirough 1985 

(Currituck County) approved 

by the Coastal Resources 

Commission on March 18, 1983 

and July 25, 1986 (except as 

such rates may be varied in 

individual contested cases, 

declaratory or interpretive 

rulings). The tables are 

available without cost from 

any local permit officer or 

the Division of Coastal 

Management ; and 

(4) Unvegetated Beach Area. 

This is a dynamic area that 

is subject to rapid 

unpredictable landform change 

from wind and wave action. 

The areas in this category 

shall bo designated following 

detailed studies by the 

Coastal Resources Commission. 

Tlicse areas shall be 

designated on maps approved 

by the Commission and 

available witliout cost from 

any local permit officer or 

the Division of Coastal 

Management . 



NORTH CAROLINA REGISTER 



408 



History Note: Statutory 
Authority G.S. 113A-107; 
1 13A-1 13; 

Eff. September 9. 1977; 
Amended Eff. September 1, 1986. 

.0305 GENERAL INDENTIFICATION 
AND DESCRIPTION OF LANDFORMS 

(g) Measurement line means 
the line from v/hich the 
occanfront setback as described 
in .0305(a) of tliis Subchapter 
is measured in the unvcgctatcd 
beach area of environmental 
concern as described in 
.0304(a)(4) of this Subcliapter . 
Procedures for determining the 
measurement line shall be 
adopted by the Commission for 
eacli area whore such a line is 
designated. These procedures 
shall be available from any 
local permit officer or the 
Division of Coastal Management. 

History Note: Statutory 
Authority G.S. 113A-107; 
1 13A-1 13(b)(6) ; 
Eff. September 9. 1977; 
Amended Eff. September 1, 1985; 
December 1, 1985; 
February 2, 1981 ; 
August 15, 1979. 

.0306 GENERAL USE STANDARDS 
FOR OCEAN HAZARD AREAS 

(a) 
(1) If neither a primary nor 
frontal dune exists in the 
AEC on or behind tlio lot on 
v;hich the development is 
proposed, the development 
shall be landward of the 
erosion setback line. The 
erosion setback line sliall 
be set at a distance of 30 
times the long-term annual 
erosion rate from the first 
line of stable natural 
vegetation or measurement 
line, wliore applicable. In 
areas where tlie rate is less 
than 2 feet per year, the 
setback lino shall be 60 
feet from tlie vegetation 
line or measurement line, 
where applicable. 



(2) If a primary dune e.xists 
in tlie AEC on or behind tlic 
lot on which the development 
is proposed, the development 
sl'.all be landward of the 
crest of tlic primary dune or 
tlic long-toi'n erosion 
sctl)ack lino, v;hichc\'cr is 
farthest fi-om the first line 
of stable natural vegetation 
or measurement line, v.'hcre 
applicable. For existing 
lots, liov.-cver, where setting 
tlie development behind the 
crest of tlic priinary dune 
would preclude any practical 
use of tlie lot, developinent 
may be located seaward of 
the primary dune . In such 
cases, the development shall 
be located behind the 
long-term erosion setback 
lino and sliall not be 
located on or in front of a 
frontal dune . The words 
"existing lots" in tliis Rule 
shall moan a lot or tract of 
land which, as of Juno 1 , 
1979, is specifically 
described in a recorded plat 
and v;hich cannot be enlarged 
by combining the lot or 
tract of land vjith a 
contiguous lot(s) or 
tract (s) of land under the 
same ownership. 

(3) If no primary dune 
exists, but a frontal dune 
docs exist in the AEC on or 
behind the lot on wliich the 
development is proposed, the 
development sliall be set 
behind tlic frontal dune or 
beliind tlie long-term erosion 
setback line, whichever is 
fartlicst from tlie first line 
of stable natural vegetation 
or measurement line, where 
appl icablo . 



History Note: Statutory 
Authority G.S. 113A-107; 
1 13A-1 13(b)(6) ; 
Eff. September 9, 1977; 
Amended Eff. September 1 
December 1 , 1985; 
September 1, 1985; 
November 1, 1983. 



1986; 



409 



NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION X, NO. 6 

AGENCY 
AGRICULTURE 



EFFECTIVE: September 1, 1986 

ACTION TAKEN 



2 NCAC 


9L 


.1102- 


.1103 


Amended 






.1 108- 


.1110 


Adopted 


COMMERCE 










4 NCAC 


7 


.0507 
.0507 




Temp . Amended 
Amended 




16A 


.0004 




Amended 




16C 


.0501- 


.0503 


Adopted 


CORRECTIONS 










5 NCAC 


2C 


.0202- 


.0203 


Amended 


HUMAN RESOURCES 










10 ;;cAC 


3D 


.01 15 
.0701 




Amended 
Amended 




3M 


.0101- 


.0104 


Amended 






.0105- 


.0105 


Adopted 






.0201- 


.0203 


Amended 






.0204- 


.0206 


Adopted 






.0301- 


.0302 


Repealed 






.0304 




Repealed 






.0401- 


.0402 


Repealed 






.0501 




Amended 






.0502 




Repealed 




18A 


.0123- 


.0135 


Adopted 




41H 


.0104 
.0201 
.0301 




Repealed 

Amended 

Amended 






.0302- 


.0303 


Repealed 






.0304 




Amended 






.0305- 


.0312 


Repealed 






.0405 




Amended 




42D 


. 1502 




Amended 




44D 


.0108 




Amended 


LABOR 










13 NCAC 


7C 


.0101- 


.0102 


Amended 




13 


.0202- 

.0205 

.0213 


.0203 


Amended 
Amended 
Amended 


NATURAL RESOURCES 


AND 


COMMUNITY DEVELO 
.0112 


PMENT 


1 5 NCAC 


2H 


Amended 






.0125 




Adopted 




6A 


.0009 




Adopted 


SECRETARY OF STATE 








18 NCAC 


7 


.0101 
.0103 
.0201 
.0203 
.0206 




Amended 

Amended 

Amended 

Repealed 

Amended 






.0301- 


.0303 


Adopted 


TRANSPORTATION 










1 9 A NCAC 


2E 


.0802 




Amended 


OCCUPATIONAL LICENSING 








21 NCAC 


8G 


.0112 
.0203 




Adopted 
Amended 




32A 


.0010 




Adopted 




32F 


.0003 




Amended 



NORTH CAROLINA REGISTER 



410 



OFFICE OF ADMI NISTRATIVE H EARINGS 

26 NCAC 2A .0207 Amended 

3 .0002 Amended 

.0007 Amended 

.0011 Amended 

.0022 A.mendcd 

.0026 Amended 



411 NORTH CAROLINA REGISTER 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 

n 

12 
13 
U'A 
15 
16 
17 
18 
19A 
20 
X21 
22 
23 
24 
25 
26 

NOTE: 



DEPARTMENT 



Administ 

Agricult 

Auditor , 

Commerce 

Correct i 

Council 

Cultural 

Election 

Governor 

Hunan Re 

Iiisuranc 

Justice , 

Labor, D 

Crime Co 

Natural 

Educat io 

Revenue , 

Socretar 

Transpor 

Treasure 

Occupat i 

Administ 

Comnunit 

Indcpond 

Personne 

Office o 



ration, Department of 
ure , Department of 

Department of State 
Department of 
ons , Department of 
of State 

Resources, Department 
s. State Board of 



sources, Department of 
c . Department of 

Department of 
epartmcut of 
ntrol , Department of 
Resources and Community Development 
n. Department of 

Department of 
y of State 
tation. Department of 

, Department of State 
onal Licensing Boards 
ro.tive Procedures 
y Colleges, Department of 
cnt Agencies 
1 , Department of State 
f Administrative Hearings 



--> 


4 


6 


8 


10 


12 


14 


16 


18 


20 


21 


22 


26 


28 


30 


31 


32 


53 


34 


36 


37 


38 


40 


42 


44 


46 


48 


50 


52 


53 


54 


56 


58 


00 


62 


64 



Title 21 contains the chapters of the various 
occupational licensing boards. 

LICENSING BOARD 

Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners , Board of 

Electrical Contractors, Board of Examiners 

Foresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Fitters Board 

Laiidscape Architects, Licensing Board of 

Lan(ir;cape Contractors, Registration Board of 

Law Examiners, Board of 

Martial ?; Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuai-y Science, Board of 

Nursing. Board of 

Nursing Home Administrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 

Osteopathic Examination and Registration 

Pharmacy. Board of 

Physical Therapy, Examining Committee of 

Plumbing and Heating Contractors, Board of 

Podiatry Examijiers, Board of 

Practicing Counselors, Board of 

Practicing Psycliol ogists , Board of 

Professional Engineers and Land Surveyors 

Real Estate Commission 

Refrigeration Examiners. Board of 

Sanitarian Examiners, Board of 

Sijcech and Language Patliologist s and 

Audiologists , Board of Examiners of 
Veterinary Medical Board 



NORTH CAROLINA REGISTER 



412 



CUMULATIVE INDEX 
CApril 1, 1986 - March 31, 1987) 



1986 

Pages Isriic 

1-73 April 

74-97 May 

98 - 132 Juno 

133 - 222 July 

223 - 379 August 

380 - 415 September 

AO - Administrative Order 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

M - Miscellaneous 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATION 
Office of Marine Affairs, 382 PR 

ADMINISTPJi.TIVE ORDERS 

Beecher Reynolds Gray, 47 AO 

Fred Gilbert Morrison, Jr., 48 AO 

Angela Rebecca Bryant, 49 AO 
Thomas R. West , 50 AO 

Abraliam Penn Jones, 98 AO 
Administrative Law Judges, 248 AO 

AGRICULTURE 
Dcpt . of Agriculture, 250 SO 

Food and Drug Protection Division, 99 PR, 255 PR 
Plant Industry, 256 PR 

COMMERCE 
Milk Commission, 74 PR, 135 PR, 260 PR 
Savings and Loan, 78 PR 

COMMUNITY COLLEGES 
Community Colleges, 210 PR 

CORRECTION 
Division of Prisons, 213 FR . 347 FR 

CULTURAL RESOURCES 
Archives and History, 78 PR 
Battleship Commission, 388 PR 
Roanoke Voyages & Eliz. II, 261 PR 

EXECUTIVE ORDERS 
Executive Orders 1-25, 23 EO 

26. 247 EO 

FINAL DECISION LETTERS 
Voxing Rights Act, 249 FDL 

GENERAL STATUTES 



413 NORTH CAROLINA REGISTER 



Chapter 7A, 21 GS , 2-^4 GS 
Chapter 150B, 3 GS, 226 GS, 380 C 
Chapter 1028. 223 GS 

HUMAN RESOURCES 
Child Day Care, 281 PR 
Cliildren Services, 103 PR 
Facility Services, 270 PR 
Food Assistance, 103 PR 
Health Services, 169 PR, 388 PR 
Individual and Family Support, 103 PR 
Medical Assistance, 181 PR, 389 PR 
Medical Services, 101 PR 
Mental Health Retardation 

and Substance Abuse, 80 PR, 298 PR, 350 FR, 380 C 
Social Services, 390 PR 
Youth Services, 85 PR, 309 PR 

INSURANCE 
Agency Services, 313 PR 
Engineering & Building, 321 PR 

JUDICIAL ORDERS 
Appointment 
Robert A. Melott, 45 JO 

JUSTICE 
Education and Training Standards, 322 PR 
Police and Information Network, 107 PR 
Sheriff's Education, 332 PR 

LABOR 
Boiler and Pressure Vessel, 86 PR, 189PR, 338 PR 

LICENSING BOARD 
C P A Examiners, 112 PR, 133 SO 
Dental Examiners, 399 PR 
Medical Examiners, 92 PR, 399 PR 
Occupational Tlierapy, 206 PR 
Pharmacy, 208 PR 

Plumbing and Heating Contractors, 116 PR 
Real Estate Com.Tiission , 401 PR 
Veterinary Medical Board, 341 PR 

LIST OF RULES AFFECTED 
Volume 10, No. 1 

CApril 1, 1986), 71 LRA 
Volume 10, No. 2 

(May 1 , 1986) , 94 LRA 
Volume 10, No . 3 

(Juno 1 , 1936), 127 LRA 
Volume 10, ^'o . 4 

(July 1 , 1986), 217 LRA 
Volume 10, No . 5 

(August 1, 1986), 374 LRA 
Volume 10, No . 6 

(September 1, 1986), 410 LRA 

MISCELLANEOUS 
Federal Rule Amendment, 381 M 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 
Natural Resources & Community Development, 133 SO , 
Coastal Management, 112 FR, 40 1 FR 
Departmental Rules. 109 PR, 118 FR 
Einploymental and Training, 111 PR 

Environmental Management, 88 PR, 190 PR, 339 PR, 396 PR 
Forest Resources, 126 FR 
Marine Fisheries, 191 PR 
Soil and Water, 90 PR 
V.'astcwatcr Treatment, 397 PR 
Wildlife Resources and Water Safety, 110 PR, 205 PR, 340 PR, 398 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 

NORTH CAROLINA REGISTER 414 



Office of Administrative Hearings, 51 SO 
General, 52 PR, 345 PR 

Hearings Division, 61 PR, 345 PR, 369 FR 
Rules Division, 52 PR, 367 FR 

REVENUE 
Corporate Income Tax, 350 FR 
Individual Income Tax, 351 FR 
Intangible Tax, 366 FR 
Sales & Use Tax, 363 FR 

SECRETARY OF STATE 
Notary Public, 91 PR, 367 FR 

STATE PERSONNEL 
State Personnel Commission, 343 PR 

STATEMENTS OF ORGANIZATION 
Agriculture, 250 SO 
CPA Examiners, 133 SO 

Natural Resources and Community Development, 133 SO 
Office of Administrative Hearings, 51 SO 

TRANSPORTATION 
Department of Transportation, 213 FR, 367 FR 



415 NORTH CAROLINA REGISTER 



V09LZ RUI10JB3 qjJON 'qSioiey 

9991 I JGMEJQ O d 
SSUUBSH 3A!;BJ)SIUIUipY JO 33iJJO 



3H 

as 



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